Employers Beware: EEO-1 2021 Component 1 Reporting Deadline Approaching | Miles and Stockbridge PC

The deadline for employers to submit and certify component 1 data of EEO-1 2019 and 2020 to the Equal Employment Opportunity Commission (EEOC) is Monday, August 23, 2021. Employers Covered employees therefore have a little over a month to complete and submit an EEO-1 Report containing their respective workforce data in accordance with the reporting requirement. The original deadline of July 19, 2021 was extended to August 23 by the EEOC at the end of June 2021.

What is required?

Pursuant to Title VII of the Civil Rights Act 1964, the EEOC Annual Employer Information Report (“EEO-1 Report”) is a mandatory annual data collection that requires some employers to submit data. labor force demographic, including the number of people employed by the employer, organized by job category, race, ethnicity and gender. The data includes seven race / ethnicity categories and ten employment categories. This information is called “Component 1” data. Data from component 1 of EEO-1 are used by the EEOC to investigate accusations of employment discrimination against employers and to provide information on the employment status of minorities and women. It is important to note that EEO-1 reports and the information they contain are confidential and cannot be made public by the EEOC until the initiation of a Title VII proceeding involving component 1 data. of EEO-1. As such, the EEOC may only publish aggregated data in a manner that does not identify any particular registrant or reveal an employee’s personal information.

Once completed, EEO-1 reports must be submitted online through the EEO-1 Component 1 online filing system of the EEOC. Covered Employers who have received a 2019 and 2020 EEO-1 EEOC Component 1 notification letter can create an online user account using “Company ID” and “Code ‘access’ provided in the notification letter and submit their EEO-1 2019 and 2020 Component 1 Report (s) either by entering their data into a secure data entry form or by uploading their data files directly through the system. EEO-1 Component 1 Online Filing. The latest filing updates and current information regarding EEO-1 Component 1 data are available on the Component 1 Data Collection website. EEOC of the EEOC.

* NOTE: There is no EEO-1 Component 2 (Hours Worked and Compensation Data) reporting requirement for 2019 or 2020.

Which employers are affected?

The Annual Employer Information Report (EEO-1), Standard Form 100, Component 1, must be filed by:

  1. Private employers who are subject to Title VII of the Civil Rights Act 1964 and have (a) 100 or more employees or (b) less than 100 employees if the business is owned or affiliated with another business, or is there is centralized ownership, control or direction (such as central control of personnel policies and labor relations) so that the group legally constitutes one company and the whole company has a total of 100 employees or more ; and
  2. Federal contractors who (1) are not exempt as provided by 41 CFR 60-1.5; (2) have 50 or more employees meeting certain criteria; (3) are prime contractors or first-rate subcontractors; and (4) have a contract, subcontract or purchase order in the amount of $ 50,000 or more; OR serve as a depository of government funds for any amount; or are financial institutions that are issuing and paying agents of US Savings Bonds and / or Savings Bonds.

The OEE-1 Component 1 reporting requirements do not not apply to state and local governments, public elementary and secondary education systems, institutions of higher learning, Native American or Alaskan tribes, and tax-exempt private clubs other than labor organizations.

Carry

The EEO-1 declaration is mandatory. If an employer fails or refuses to file its EEO-1 report, the EEOC can compel an employer to file this form by obtaining an order from the United States district court. Penalties for failure by a federal contractor or subcontractor to comply may include termination of the federal government contract and exclusion from future federal contracts. In addition, intentionally making a false statement on an EEO-1 report is punishable by a fine and / or imprisonment. In light of these issues, Covered Employers should begin taking steps as soon as possible to compile the necessary workforce data and complete their EEO-1 reports, if they have not already done so, to ensure they are timely submitted to the EEOC by August 23.

The opinions and conclusions of this article are solely those of the author, unless otherwise stated. The information contained in this blog is of a general nature and is not offered and can not be considered as legal advice for any particular situation. The author has provided the links mentioned above for informational purposes only and, in doing so, does not adopt or integrate the content. Any federal tax advice provided in this communication is not intended or written by the author for use, and may not be used by the recipient, for the purpose of avoiding penalties that may be imposed on the recipient by the recipient. IRS. Please contact the author if you would like to receive written advice in a format that complies with IRS rules and can be relied on to avoid penalties.

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