EEO-1 reports must be submitted by all private sector employers with 100 or more employees and federal contractors with 50 or more employees. Required information includes demographic workforce data, including data by race or ethnicity, sex, and other job categories. The 2022 EEO-1 Component 1 data collection is tentatively scheduled to open in fall 2023, having previously been tentatively slated for mid-July of this year. When the date is fixed, it will be posted on the Equal Employment Opportunity Commission (EEOC) website.
Last year, some employers that are federal contractors objected to the Office of Federal Contract Compliance Program’s (OFCCP’s) decision to disclose EEO-1 information in response to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. The objecting employers consider employee information in EEO-1 reports to be confidential.
Early in 2023, the OFCCP granted timely-filed objections and only disclosed the information of non-objecting employers. This was an interim decision, and the OFCCP has not made a final decision on whether it will disclose the Component 1 data. However, the data of non-objecting employers may be subject to disclosure. Federal contractors that do not want EEO-1 reports to be disclosed should file a timely objection.
If you are a federal contractor and need assistance with EEO-1 reports, Employers Council can help. Contact us at info@employerscouncil.org.
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