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EEOC Makes Significant Updates to EEO-1 Report

26 Oct

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Update Applicable to:

All Employers will 100 or more U.S. employees and federal contractors with at least 50 U.S. employees.

What happened?

The Equal Employment Opportunity Commission (EEOC) has made significant updates to the EEO-1 Report for 2022, which will need to be submitted between October 31 and December 5, 2023.

The EEOC has announced that the EEO-1 Component 1 Data Collection is now open.

What are the details?

Key changes and information include:

1.   Reporting Requirements: Private employers with 100 or more employees must file the EEO-1 Report annually. Additionally, prime and first-tier federal contractors with 50 or more employees and a contract worth at least $50,000 must also file.

2.   Nomenclature Changes: The names of the different types of reports filed by employers have been modified. For example, “Type 1” is now referred to as “Single-Establishment Employer Report.” Several other types have also been renamed.

3.   Inclusion of Remote Employees: Remote workers should be included in the establishment to which they report. If they don’t report to an establishment, they should be counted where their manager reports. If neither the employee nor the manager reports to an establishment, they should both be counted in the headquarters report.

4.   Non-binary Employees: Employers are not required to report non-binary employees outside the male/female categories, but it’s optional. If reported, it should be done in the comments section of the applicable establishment report.

5.   Unique Entity IDs (UEI): DUNS numbers have been eliminated, and federal contractors must use the UEI from www.sam.gov.

6.   Foreign-Based Employers: Companies based outside the U.S. must file if they meet the filing thresholds at U.S. establishments. They may use a U.S. establishment as their headquarters for filing.

7.   NAICS Codes: Employers must include the appropriate North American Industry Classification System (NAICS) code for each establishment, using the most recent codes from 2022.

8.   Mergers, Acquisitions, and Spinoffs: Reporting for corporate changes that occurred after the reporting period has been modified. The new company is generally responsible for reporting if it meets the eligibility requirements.

9.   Changes for 2023 EEO-1 Report: Starting with the 2023 EEO-1 Report (due in 2024), employers cannot choose a snapshot date to avoid reporting if they meet the employee threshold during the fourth quarter.

10. Reporting Client-Site Employees: Reporting employees assigned to client sites will change in 2023 data reports, requiring employers to report them at the client’s physical address.

These updates aim to enhance the accuracy and completeness of EEO-1 reporting.

For more information, please see the links below:

EEO-1 Reporting Page

EE01- Instruction Booklet

Law Firm: Article 1

What do employers need to do?

Employers should review the instruction booklet for comprehensive guidance and stay updated on the EEOC’s website for further specifications related to the data file upload process. For assistance with filing, employers can contact legal counsel.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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