EEOC extends EEO-1 filing deadline to June 21 for failure to file

All private sector employers with 100 or more employees and all federal contractors with 50 or more employees and at least one federal contract worth at least $50,000 are required by the U.S. Equal Employment Opportunity Commission (EEOC or Commission) to file an annual EEO-1 report. For the uninitiated, the EEO-1 Annual Report presents a breakdown from a certain pay date of your workforce by race/ethnicity and gender in each of the 10 job categories listed, ranging from your senior executives (EEO-1 category 1.1) to first – and middle managers (1.2) to professionals (2) to technicians (3) to salespeople (4) to administrative support (5) to artisans (6) to workers (7) to workers ( 8) service workers (9).

This year, the EEOC’s online reporting portal for 2021 EEO-1 reports opened later than usual, on April 12, with a shorter than usual reporting period – just five weeks – and an earlier than usual reporting deadline of May 17. The EEOC initially said the May 17 deadline would not be extended, unlike previous EEO-1 annual reporting cycles where the deadline was extended more than once and, in some years, multiple times for several months. No explanation was given for the shorter filing deadline or the refusal to extend the filing deadline. However, there is much speculation that the abbreviated 2021 EEO-1 reporting filing period is related to the EEOC’s plan to reintroduce the component 2 EEO-1 compensation data report when the EEO reporting cycle -1 2022 will be next year.

Despite the initial bluster from the EEOC, if you are required to file a 2021 EEO-1 report and missed the May 17 deadline, you have been given a second chance. The Commission recently announced that covered employers (those required to file the report) who did not meet or were unable to meet the deadline will be given an additional five weeks, until June 21, to submit and certify their 2021 EEO-1 reports. The EEOC also announced that covered employers who have not met the May 17 deadline will receive a “Notice of Failure to File.” If you receive such a notice, do not despair. It simply means that you have until June 21 to submit your report. At this time, June 21 appears to be a tough deadline, as the EEOC has further announced that the 2021 EEO-1 reporting portal will permanently close after June 21 and all covered employers who do not file their report. on that date will be deemed non-compliant.

So, if you have missed the May 17 deadline for filing your 2021 EEO-1 report, follow this link make amends.


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