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EEOC Files Lawsuits Against Employers Over Failure to File Demographic Reports

By Heather Hancz posted 05-31-2024 08:54 AM

  

The Equal Employment Opportunity Commission (EEOC) has required all private employers with 100 or more employees and certain federal contractors with 50 or more employees to provide workforce demographic data since 1966. Each of the reports collects data about gender and race/ethnicity by some type of job grouping.

EEO-1 data is used by the EEOC to investigate charges of employment discrimination and to publish periodic aggregated demographic data to the public. The EEOC also shares the collected information with other authorized federal agencies to avoid duplicate collection of data and reduce the burden on employers. 

Compiling and submitting EEO-1 data is a mandatory requirement but has often been an afterthought for many employers, some of whom miss the deadline to file or end up not filing the report entirely. On May 29, 2024, the EEOC announced 15 distinct lawsuits against employers in 10 states who allegedly have repeatedly failed to submit their mandatory EEO-1 component data in prior years, including 2021 and 2022. Private sector employers named in lawsuits include companies from retail, construction, restaurant, manufacturing, and service industries.  

These lawsuits are unusual and perhaps extraordinary, but they seem to be timed for this year’s June 4 deadline for employers to file these reports.

Resources:

  • Click here for the 2023 EEO-1 Component 1 Data Collection Instruction Booklet.

  • Click here to access the EEOC's reporting portal to submit data by June 4, 2024.

If you have any questions about this topic, please contact Employers Council.

Heather Hancz is an attorney for Employers Council.

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