Employer Compliance with EEOC Demographic Reporting

Josh Loren and Bruce E. Loren
Nov 29, 2023

The EEO-1 Report is an often-overlooked element of labor law compliance that clients are sometimes surprised to learn about. If you are a private employer with at least 100 employees (or a federal contractor with at least 50 employees) you have the obligation to annually submit workforce demographic data to the Equal Employment Opportunity Commission (EEOC) sorted by employee job category, sex, and race/ethnicity. This year your EEO-1 Report must be filed between October 31 and December 5.

The EEOC recently released the instruction booklet for this year and expects to post additional information for filers on September 13. Here’s what covered employers need to know about filing their 2022 EEO-1 Component 1 data this year and several steps you’ll want to take as the deadline approaches.

General Reporting Requirements

For Single-Establishment Employers: An employer conducting business or performing services or industrial operations at only one establishment is required to submit and certify one EEO-1 Single-Establishment Employer Report, (formerly the Component 1 Report). The Single-Establishment Employer Report must include demographic data for all your employees categorized by job category and sex and race/ethnicity.

For Multi-Establishment Employers: An employer with more than one establishment must file a Consolidated Report, a Headquarters Report, and Establishment-Level Report(s). The Establishment-Level Reports replace the Type 4, and Type 8 reports. Establishments at different physical locations must be reported as separate establishments, even if conducting the same business or performing the same services or industrial operations.

**Note: A private employer subject to Title VII of the Civil Rights Act with fewer than 100 employees will also need to file an EEO-1 report if:

  • The employer owns, is owned by, and/or is affiliated or associated with another employer; or there is centralized or common ownership, control, or management creating a single enterprise and/or integrated enterprise; and
  • The entire enterprise had 100 or more employees during the employer-selected pay period.

Practical Action Plan

  • Select a payroll end date between October 1, 2022, and December 31, 2022, as your “snapshot period,” which will become the basis of reporting all employees as of that date.
  • Ensure that your job titles are categorized correctly. The EEO job categories are:

(1.1) Executive/Senior-level officials and managers.

(1.2) First/Mid-level officials and managers.

(2) Professionals.

(3) Technicians.

(4) Sales workers.

(5) Administrative support workers.

(6) Craft workers.

(7) Operatives.

(8) Laborers and helpers.

(9) Service workers.

  • Allow your employees an opportunity to self-identify their sex and race/ethnicity, and make sure it is made clear that this inquiry is voluntary and used solely for the purpose of EEOC reporting.

 

  • Only binary options for reporting sex are available in the EEO-1 reporting form. Employers may voluntarily choose to report employee demographic data for non-binary employees in the comments section of the report. If you choose to voluntarily report non-binary employees, do not assign such employees to the male or female categories or any other categories (job category and race/ethnicity) within the report.

 

  • The race/ethnicity categories are unchanged from the previous year and are listed below:

 i.         Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.

ii.        White (Not Hispanic or Latino): A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

iii.       Black or African American (Not Hispanic or Latino): A person having origins in any of the black racial groups of Africa.

iv.       Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino): A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

v.        Asian (Not Hispanic or Latino): A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

vi.      American Indian or Alaska Native (Not Hispanic or Latino): A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.

vii.      Two or More Races (Not Hispanic or Latino): All persons who identify with more than one of the above five races.

  • Have a designated employee as the “account holder” who will file the EEO-1 report through the EEO-1 Component 1 Online Filing System (OFS. Workforce demographic data electronically in the OFS through either manual data entry or data file upload. The employer’s certifying official must then certify the EEO-1 Component 1 report(s) in the OFS.

Joshua B. Loren and Bruce E. Loren of Loren & Kean Law are based in Palm Beach Gardens and Ft. Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law and employment law. Mr. Joshua Loren focuses his practice on construction, labor and employment law, only representing the interests of employers and business owners. The firm represents businesses in a wide range of disputes, including OSHA investigations and citation contests, DOL investigations, discrimination claims, and state and federal wage litigation. They can be reached at jloren@lorenkeanlaw.com or bloren@lorenkeanlaw.com or 561-615-5701.