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Employer
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Overview
There are federal laws that make it illegal to discriminate against a job applicant or an employee because of persons race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.
The US Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing these laws, collects workforce data from employers using EEO-1 Report.
What is the EEO-1 report?
The EEO-1 report is a mandatory annual data collection report that is required to be filed with the EEOC by all private sector employers with 100 or more employees, and federal contractors with 50 or more employees. It is required by law; it is not voluntary.
Earlier the report used to consist of two components:
- EEO-1 Component 1 or demographic data consists of the demographic information of the employees including data by race/ethnicity, sex and job categories.
- EEO-1 Component 2 or pay data consists of aggregated wage and hours worked data by race/ethnicity and sex.
Please note that EEOC no longer requires employers to submit EEO-1 Component 2 report. For 2022 and beyond, eligible employers are only required to submit EEO-1 Component 1 data.
Who must file?
EEO-1 Component 1 report must be filed by:
- All Private employers with 100 or more employees
- All federal contractors with 50 or more employees
When to file?
The report is filed once a year. According to EEOC, the 2022 EEO-1 Component 1 data collection is tentatively scheduled to begin in April 2023. The final opening date will be posted on the EEOC website for EEO-1
How to file?
The EEOC requires that EEO-1 Component 1 Reports be submitted electronically via the EEO-1 Component 1 Online Filing System (OFS), accessible here.
There are different types of filing the employer has to do, based on whether the employer is a single-establishment employer or a multi-establishment employer.
SINGLE-ESTABLISHMENT EMPLOYERS
A single-establishment employer (i.e., an employer conducting business at only one establishment) is required to submit only one EEO-1 Component 1 Report called Type 1 Single-Establishment Report (Type 1 Report). The Type 1 Report must include demographic data for all the employer’s employees categorized by race/ethnicity, sex, and job category.
MULTI-ESTABLISHMENT EMPLOYERS
A multi-establishment employer (i.e., an employer conducting business at more than one establishment) is required to submit all the following types of reports:
Type 2 Consolidated Report (Type 2 Report):
All multi-establishment employers must submit a Type 2 Consolidated Report. The Type 2 Report must include demographic data for all employees of the employer (i.e., all employees at headquarters as well as all establishments) categorized by race/ethnicity, sex, and job category. In other words, the total number of employees indicated on the Type 3 Headquarters Report, PLUS the applicable establishment reports (i.e., Type 4 Establishment and/or Type 8 Establishment Reports) MUST equal the total number of employees shown on the Type 2 Consolidated Report.
Type 3 Headquarters Report (Type 3 Report):
All multi-establishment employers must submit a Type 3 Headquarters Report. The Type 3 Headquarters Report must include demographic data for all employees working at the main office site (i.e., headquarters) of the employer, as well as any remote employees who report to the employer’s headquarters categorized by race/ethnicity, sex, and job category. A Type 3 Report must be submitted even if there are fewer than 50 employees working at and/or reporting to the headquarters location.
Type 4 Establishment Report (Type 4 Report):
All multi-establishment employers with establishments with 50 or more employees must submit a Type 4 Establishment Report(s). The Type 4 Report must include employee demographic data for each establishment categorized by race/ethnicity, sex, and job category.
Type 8 Establishment
Report (Type 8 Report):
All multi-establishment employers with establishments with fewer than 50 employees must submit a Type 8 Establishment Report(s). The Type 8 Report must include employee demographic data for each establishment categorized by race/ethnicity, sex, and job category.
What data should you capture to create the report?
You should capture the following information for each employee to be able to generate this report:
Job Categories: Each of your employees should be placed in one of the following categories:
- Executives/Senior Level Officials and Managers
- First/Mid-Level Officials and Managers
- Professionals
- Technicians
- Sales Workers
- Administrative
- Support Workers
- Craft Workers
- Operatives
- Laborers and
- Helpers
- Service Workers
Sex
- Male
- Female
Race/Ethnicity
- Hispanic/Latino
- Non/Hispanic or Latino
- White
- Black or African
- American
- Native Hawaiian or Pacific Islander
- Asian
- Native American or Alaska Native
- Two or more races
How should I capture this Data?
Ideally, you should be using a HRIS system like UZIO to store all the employee specific data. UZIO system has a built-in EEO-1 Report. If you are not using a HRIS system, you can run an employee survey to capture the required information and then manually generate the report.
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