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Volume XII, Number 183

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Reminder: EEO-1 Filing Deadline Is Fast Approaching With (Sort Of) No Extensions Coming

As we previously reported, the deadline for most employers with 100 or more employees (and most federal contractors with 50 or more employees) to file their 2021 EEO-1 reports is May 17, 2022.  The portal for filing the reports opened on April 12, 2022.

The EEOC has indicated it will not be extending the May 17 deadline.  However, in a recently posted FAQ, the agency provides the following guidance:

"Following the May 17, 2022 published deadline, the EEOC will enter the “failure to file” phase. All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by the Tuesday, May 17, 2022 published deadline will receive a notice of failure to file instructing them to submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, through Tuesday, June 21st, 2022, will be available to ALL filers who have not submitted and certified their 2021 EEO-1 Component 1 Report(s) by the May 17, 2022 published deadline.

Please be advised that AFTER the June 21, 2022 deadline passes, NO additional 2021 EEO-1 Component 1 Reports will be accepted, and eligible filers will be out of compliance with their mandatory 2021 EEO-1 Component 1 filing obligation."

So, the May 17 deadline will not change, but employers will have a grace period to make their filings should they miss the deadline.

The FAQs provide helpful guidance to filers, including how to report employees who have self-identified as non-binary for gender.  The EEOC provides the following guidance for this situation:

"Filers may choose to report employee counts for non-binary gender employees by job category and race/ethnicity in the comments box on the Certification Page in the EEO-1 Component 1 Online Filing System. Please preface this data with the phrase “Additional Employee Data:”. For example, “Additional Employee Data: 1 non-binary gender employee in Job Category Administrative Support Workers; Race/Ethnicity: White (Not Hispanic or Latino). 3 non-binary gender employees in Job Category Professionals; Race/Ethnicity: Employee 1 – Black or African American (Not Hispanic or Latino), Employee 2 – Hispanic or Latino, Employee 3 – Two or More Races (Not Hispanic or Latino).”"

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 123
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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
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