October 16, 2021

Volume XI, Number 289

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EEO-1 Reporting Delayed Until March 2021 Due to COVID-19

The Equal Employment Opportunity Commission (EEOC) announced May 7, 2020 that it will delay until March 2021 the annual filing of the EEO-1 Component 1 Report, which requires covered employers to report by job category the race, ethnicity and gender of its employees.  At that time, pending approval from the OMB, covered employers will be required to file both the 2019 and 2020 EEO-1 Component 1 Reports. 

Covered employers include those with 100 or more employees and federal contractors with 50 or more employees and a federal contract of $50,000 or more.  Note that employers with less than 100 employees who are owned or affiliated with another entity such that the combined employee count is over 100 employees may also be required to file this report.

Covered employers are encouraged to confirm that all employees have had the opportunity to voluntarily self-identify their gender, ethnicity and race and to make sure records are kept of this information for future reporting in 2021.  If an employer identifies employees who have not responded to this voluntary invitation, employers may re-extend the invitation and/or rely on employment documents such as an I-9 or visual observation.  If an employer needs to rely on visual observation, it will be easier to gather this information now rather than waiting until 2021.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 129
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About this Author

Erin Schilling, employment, attorney, Polsinelli law firm
Shareholder

Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their businesses.

She draws on prior experience in the human resources field to provide training and advice to employers on compliance with various state and federal statutes, including Title VII, the Fair Labor Standards Act, affirmative action laws, and, in particular, leave issues concerning the Family Medical Leave Act and the Americans with Disabilities Act. 

In addition, Erin oversees the...

816-374-0559
Stephanie A. Wolters Compliance Analyst Polsinelli
Compliance Analyst

Stephanie Wolters uses her depth of knowledge in the affirmative action field to help clients find a solution. She offers a broad range of EEO and Affirmative Action compliance services with an emphasis on affirmative action plan development, employee selection process, diversity, pay equity and reduction in force statistical analyses, and EEO-1 and VETS-4212 reporting.

Stephanie is a problem-solver who draws on almost 30 years of experience working with clients to meet their unique needs.

816.572.4679
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