EEO-1 Reporting For 2022: What Are The New Changes

In an announcement posted on the EEO-1 reporting website, EEOC reiterated the “tentatively scheduled” opening of the 2021 EEO-1 Component 1 data collection portal to be April 12, 2022, with the deadline for filing to be May 17, 2022, just 6 weeks later.   No explanation was provided for the shortened reporting window.  However, the reporting deadline has been subject to limited extension in past years.

The Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022, with a due date of May 17, 2022.  The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years.

In addition to providing the update on the portal opening and reporting deadline, the most recent update announced EEOC’s discontinuation of the Type 6 Establishment Report for employers who have establishments with fewer than 50 employees.  Instead, employers will now be required to use the Type 8 report.  Citing the Agency’s continuing efforts of “modernization” and work to improve the quality of data.

EEOC has already announced one change for the 2021 report.  EEOC will discontinue the EEO-1 Component 1 Type 6 Establishment List Report for establishments with fewer than 50 employees.  These establishments must now use the Type 8 Establishment Report for the 2021 filing cycle.

• Learn what changes are part of the new reporting guidelines.
• Learn why the reporting period was shortened.
• Learn what process was eliminated.
• Step-by-step basics of filing the form.
• Understand the race, ethnicity, and job categories.
• Learn about the dilemma for Employers when reporting non-binary employees.
• How to comply with confidentiality requirements.
• Take a step-by-step overview of the new Online Reporting System.
• Best practice on how to align job categories with job titles.
• Learn how to maximize the EEO-1 Data Collection Fact sheets and other resources.
• What federal contractors can’t ignore.
• The best way to steer clear of penalties for noncompliance.
• Collect employee information when your organization has multiple employment locations. 
• What are the penalties if the EEO-1 report is not filed by the deadline?
• How will the EEOC and the OFCCP enforce violations for missed deadlines?

Covered employers are encouraged to confirm that all employees have had the opportunity to voluntarily self-identify their gender, ethnicity, and race.  If employees have not responded to this voluntary invitation, employers may re-extend the invitation and/or rely on employment documents such as an I-9 or visual observation.  If an employer needs to rely on visual observation, it will be easier to gather this information now rather than waiting until April 2022.
EEO-1 Reporting Obligation:

Businesses with 100 or more employees and some federal contractors with at least 50 employees must submit an annual EEO-1 form, which asks for information from the previous year about the number of employees who worked for the business, sorted by job category, race, ethnicity, and gender.

• All Employers are required to complete the EEO-1 reporting.
• Business Owners.
• Company Leadership.
• Compliance professionals.

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations. 
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).