The EEO-1 Report by EEOC, submitted by various employers on September 30 of every year, carries employment data being classified on different parameters. The Federal Law requires all private employers with 100 or more employees, all federal contractors and first-tier subcontractors with 50 or more employees and all financial institutions/government depositories with 50 employees or more, to categorize employment data by race, ethnicity, gender and job category. In 2018, the date of submission changed to March 31. However this year, many employers were preparing to meet that deadline, but on February 1, 2019, the Equal Employment Opportunity Commission (EEOC) notified all employers of an extension. The deadline to submit EEO-1 data was moved to May 31, 2019.
If you are required to file an EEO-1 report but fail to do so, you could be subject to a lawsuit compelling you to report. False reporting could result in the imposition of fines or imprisonment. Government contractors that do not file a report could be subject to debarment from their contracts. Additionally, if a charge of discrimination is filed against your company with the EEOC, the agency may check whether you filed a report and that may be held against you in a court proceeding. All private employers with 100 or more employees, all federal contractors and first-tier subcontractors with 50 or more employees and all financial institutions/government depositories with 50 employees or more are required by federal law to submit an EEO-1 report.
Susan Fahey Desmond is a partner with McGlinchey Stafford, PLLC which has offices in 33 states across the country. She has been representing management in all areas of labor and employment law for over 35 years. A noted author and speaker, Susan is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers