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EEOC Delays 2021 EEO-1 Data Collection until April 2022

EverythingHR Staff | 01/14/2022 | Blog

This can be filed under Deja-vu all over again…

The 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on April 12, 2022, which is a little later than usual, the Equal Employment Opportunity Commission (EEOC) announced in December.

It is a sign of the COVID era, as even the EEOC is not able to keep up with its schedule.  Last year, the 2019/2020 EEO-1 filing period did not open until April 26, 2021, for limited (manual data entry) filing. The site then finally opened May 26, 2021, for the electronic upload option. The final deadline for 2019/2020 EEO-1s was eventually extended to November 15, 2021.

For more of an overview on the EEO-1 data collection process and requirements, please continue to our blog.

How Component 1 Data Collection Works

Under the rules, all private-sector employers with 100 or more employees as well as federal contractors with 50 or more employees meeting certain criteria must report on the race/ethnicity and gender of their workforce by job categories. Covered employers are required to submit the data to the EEOC annually, collecting employment data between any period from October through December.

Traditionally, Component 1 data must be filed by March 31 of the following year, but the EEOC has indicated the 2021 numbers won’t be collected until April. Notably, the agency hasn’t yet set a deadline for turning in the data, indicating updates will be posted on its website as they become available.

Blame the Pandemic

The COVID-19 pandemic is a potential reason why the data collection opening is being delayed. In 2020, the 2019 EEO-1 Component 1 data collection was postponed because of the virus. As a result, covered employers were required to submit both 2019 and 2020 data in 2021.

The 2019 and 2020 filing experienced additional delays because of the virus outbreak, so the final deadline to submit the data was on October 25, 2021. The EEOC is currently working through a backlog of issues, attempting to address the myriad of questions employers had about those filings.

Busy Signal at EEOC Help Desk

At this point, the EEOC help desk is no longer accepting new requests for assistance. The “Filer Support Team” will resume normal operations immediately before opening of the 2021 EEO-1 Component 1 data collection in April.

The EEO-1 Component 1 data collection portal is also closed now for new submissions. Filers can still access their accounts on the portal to retrieve historical data (previously submitted and certified EEO-1 reports), but they can’t turn in new filings.

Article courtesy of content partner BLR.  Authors Nancy Van Der Veer Holt, Jill M. Harrison, and Erica Johnson are attorneys with FordHarrison LLP