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What the EEO-1 Report Is (and How to Comply)

As a business grows, so does its outlook. It might focus on delivering a new product or revitalizing its work culture to better accommodate a wave of new hires. But while a company expands, so does its compliance requirements — like filing an annual Equal Employment Opportunity (EEO-1) report.

The EEO-1 report requires private employers with 100 or more employees to keep an accurate record of its workforce’s makeup, including its:

  • sex
  • race/ethnicity
  • job category

Navigating this requirement can be daunting, especially if it’s your company’s first year to respond. So let’s get a head start!

First, we’ll dive into what the EEO-1 report is, reporting requirements, and why it matters. Then, we’ll consider how the right tools and strategy are key for solid, annual compliance.

What is the EEO-1 report?

The EEO-1 report is an annual summary of a business’s demographic data required by the U.S. Equal Employment Opportunity Commission (EEOC). Data for the report must be pulled from a pay period in October, November or December of the current collection year (aka the “workforce snapshot pay period”).

In 1964, Title VII of the Civil Rights Act required businesses to maintain yearly records and prove they didn’t engage in discriminatory employment practices. The EEOC formalized this process for certain employers in 1966, creating the first true request for EEO-1 data and, by extension, its annual report.

What is the purpose of the EEO-1 report?

One goal of the EEO-1 report is to collect data on the employment status of women and people of color. Additionally, the EEOC may use this data to investigate charges of employment discrimination. The EEOC doesn’t require businesses that file an EEO-1 report to have a specific workforce composition. It does, however, require organizations to hire and operate equitably.

Which businesses are required to file an EEO-1 report?

Again, any private employer with 100 or more employees must file an annual EEO-1 report. But like other employment laws, this requirement only covers most cases. Other organizations required to file an EEO-1 report include:

  • federal contractors and first-tier subcontractors with at least 50 employees or a purchase order worth $50,000 or more
  • businesses with less than 100 employees that are affiliated through ownership or centralized management with total employment of 100 or more employees (i.e., fast-food franchises)
  • companies with 50 or more employees that serve as a depository of government funds or as an issuing or paying agent for savings bonds and notes (i.e., most commercial banks)

Remember, consult a licensed attorney to verify if your small business is covered by one of the special cases above.

What is the deadline for EEO-1 reporting?

The EEOC will start collecting 2022’s EEO-1 data on Oct. 31, 2023. The collection period will close on Dec. 5, 2023. Consult the EEOC’s instruction booklet for more detailed information about the collection process.

What is the penalty for not filing an EEO-1 report?

The EEOC doesn’t fine companies for not filing EEO-1 reports. However, the commission can obtain a court order to compel a business to provide its EEO-1 report and an organization could be held in contempt for failing to respond.

Is a company’s EEO-1 report publicly available?

While national, aggregated EEO-1 data is shared with the public, an individual company’s report isn’t. Still, employers with 15 or more workers are required to place a “Know Your Rights” poster in a visible and accessible space. This notice reminds employees of their rights and summarizes how they can file a complaint if they believe they’ve experienced discrimination.

How to collect EEO-1 report data from employees

Strong EEO-1 reporting compliance requires businesses to frequently monitor their workforce’s makeup. At the same time, employers have to identify and beat a deadline that can move each year.

Paycom’s comprehensive compliance software helps you stay ahead of this deadline and reduce your exposure to:

  • violations
  • unexpected audits
  • other penalties

The tech also simplifies managing workforce data by automatically storing it in a single system of record. This means you don’t have to manually enter employee info to provide an EEO-1 report or other federal- or state-requested summaries.

Best of all, Paycom’s compliance tool lets you easily build the report, convert it to the EEOC-required format and upload it to the agency’s EEO-1 reporting site.

Explore Paycom’s single software to learn how it simplifies compliance and other HR processes.

 

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.