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Volume X, Number 271

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September 24, 2020

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Checking In On EEO-1 Reporting

While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey.  As it has for years, EEOC will again this year look to collect race and gender data from eligible employers.  Component 1 of the EEO-1 (not to be confused with the controversial and litigation-embroiled pay data Component 2) is currently due to be filed with the EEOC by March 31, 2020.  However, the EEO-1 reporting portal is not yet opened.

As a reminder, last year, in the height of the Component 2 pay data reporting frenzy, EEOC submitted a request to the Office of Management and Budget (OMB) seeking approval to continue to collect the historical Component 1 report without again collecting the pay data report that is Component 2.  EEOC is still awaiting a response to its request.  As a result, the EEO-1 Survey portal remains closed.  The following message appears on the 2019 EEO-1 Survey Portal:

The 2019 EEO-1 survey is not yet opened. The EEOC is currently in the process of seeking approval under the Paperwork Reduction Act (PRA) to collect the EEO-1 survey for 2019, 2020, and 2021.  The EEOC is seeking to collect Component 1 of the survey and to discontinue the collection of Component 2 pay data.  See, EEO-1 60-Day PRA Notice. The opening of the collection will be announced by posting a notice on the EEOC home page and sending a notification letter to eligible EEO-1 filers. When the survey opens, the EEOC will provide online resources to assist filers with their submissions and the EEOC’s helpdesk will be available to respond to filer inquiries and to provide additional filing assistance (including, for example, guidance on processing mergers and acquisitions and other corporate changes).

The timeline for the opening of the portal is unknown at this time.

As for Component 2, the reporting portal remains open. EEOC has requested, and is still awaiting guidance from the court as to when the reporting obligation should be deemed satisfied allowing the agency to close the reporting portal.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 29


About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...