Understanding EEO-1 Data Reporting: What Employers Need to Know

By Christina Santillo, MBA, SHRM-CP , Senior Human Resources Consultant

The Equal Employment Opportunity Commission (EEOC), a federal agency that enforces federal laws against job discrimination and harassment, requires certain employers to submit an EEO-1 report. This report must include data on the race, ethnicity, and gender of the employer’s workforce by job category. This data is used for a variety of purposes including enforcement, self-assessment by employers, and research.

Who Needs to File an EEO-1 Report?

An EEO-1 Report must be submitted by any private employer that:

• Has 100 or more employees;
• Has fewer than 100 employees but is owned, affiliated with or controlled by a company with more than 100 employees overall; or
• Employs 50 or more employees AND holds a federal contract/subcontract worth at least $50,000.

The EEO-1 Report must include data on both full-time and part-time employees across different job categories, from executive leadership to entry-level roles.

If your company meets the above criteria, your obligation to provide the EEO-1 data in a report to the EEOC is mandatory, not voluntary. Compliance is encouraged to avoid enforcement actions.

Preparing for EEO-1 Reporting

Filling out the EEO-1 Report can be straightforward but collecting the necessary data can be challenging. To ensure smooth reporting, companies should:

1. Understand the Data Collection Process: Employers must choose a "workforce snapshot period," which is any pay period between October 1st and December 31st. If an employee was employed at any time during the selected workforce snapshot period, then the employer must include the employee in its report even if the employee resigned or was terminated during or after the selected workforce snapshot period. However, an employer is not required to report employees who were not employed at any time during the selected workforce snapshot period.   
2. Integrate Data Collection in Onboarding: Collect the required EEOC demographic data as part of the onboarding process, making it easier to compile and report the required information.   
3. Organize Job Classifications: Ensure each job title fits within one of the EEOC’s job categories, such as management, professional, or service worker. Click here to see the EEOC’s job classification guide. 
4. Communicate Confidentiality: Assure employees that their demographic data will be kept confidential and is only used for legal reporting purposes.

What’s Next?

Covered employers are required to submit the EEO-1 Report annually. The deadline for submitting 2023 data in 2024 was June 4, 2024. The deadline for submitting 2024 data in 2025 has not yet been announced but is expected to be in the spring. To stay compliant, start preparing your data early and ensure your processes for gathering and organizing information are efficient.

Other Employers Required to file Similar Reports with the EEOC

As described above, the EEO-1 Report is required for certain private employers and federal contractors. Similar filings are required for other employers, which are as follows:

• EEO-3 Data Collection (Local Union Report) - The EEO-3 is a mandatory biennial data collection that requires local unions, specifically local referral unions, with 100 or more members to submit demographic data including membership, applicant, and referral information by race/ethnicity and sex. 
• EEO-4 Data Collection (State and Local Government Information Report) - The EEO-4 is a mandatory biennial data collection that requires all State and local governments with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, job category, and salary band. 
• EEO-5 Data Collection (Elementary - Secondary Staff Information Report) - The EEO-5 is a mandatory biennial data collection that requires all public elementary and secondary school systems and districts with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and activity assignment classification.

If you are an employer with questions about compliance or human resources issues, our Risk Management Division is here to help. Contact us at 855-873-0374 or email hrhelpline@keystoneinsgrp.com. We are committed to helping you navigate the complexities of workplace regulations.

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