U.S. Equal Employment
Opportunity Commission

Since 1966, the EEOC has required eligible employers to submit workforce demographic data on an annual basis. All private employers that are covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et. seq., as amended (Title VII) and that have 100 or more employees are required to file the EEO-1 Component 1 Report. In addition, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) regulations require certain federal contractors to file the EEO-1 Component 1 Report if they have 50 or more employees and are not exempt as provided for by 41 CFR 60-1.5.

Employers meeting the reporting thresholds have a legal obligation to submit annual workforce demographic data on their employees by race/ethnicity, sex, and job category. The data include seven race/ethnicity categories and 10 job categories. EEO-1 Component 1 data are used by the EEOC to investigate charges of employment discrimination against employers and to provide information about the employment status of minorities and women.

Yes. Following the May 17, 2022 published deadline, the EEOC will enter the “failure to file” phase. All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by the Tuesday, May 17, 2022 published deadline will receive a notice of failure to file instructing them to submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, through Tuesday, June 21st, 2022, will be available to ALL filers who have not submitted and certified their 2021 EEO-1 Component 1 Report(s) by the May 17, 2022 published deadline.

Please be advised that AFTER the June 21, 2022 deadline passes, NO additional 2021 EEO-1 Component 1 Reports will be accepted, and eligible filers will be out of compliance with their mandatory 2021 EEO-1 Component 1 filing obligation.

Yes. All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(e), as amended (Title VII) and may not be made public by the EEOC prior to the institution of any proceeding under Title VII involving the EEO-1 Component 1 data. Any EEOC employee who violates this prohibition may be found guilty of a criminal misdemeanor and could be fined or imprisoned. The confidentiality requirements allow the EEOC to publish only aggregated data, and only in a manner that does not identify any particular filer or reveal any individual employee’s personal information.

The Employer Information Report (EEO-1), Standard Form 100, Component 1, must be filed by:

1. All private employers¹ who are:

   1. (1) subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees EXCLUDING State and local governments, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes, and tax-exempt private membership clubs other than labor organizations;
   2. -- OR --
   3. (2) subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise and the entire enterprise employs a total of 100 or more employees.

2. All federal contractors² who:

   1. (1) are not exempt as provided for by 41 CFR 60-1.5;
   2. (2) have 50 or more employees;
   3. (3) are prime contractors³ or first tier subcontractors;
   4. -- AND --
   5. (4) have a contract, subcontract, or purchase order amounting to $50,000 or more; or serve as depositories of Government funds in any amount; or are financial institutions which are issuing and paying agents for U.S. Savings Bonds and savings notes.

Establishments located in the District of Columbia and the 50 states are required to submit Employer Information Report (EEO-1), Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands, or other American Protectorates.

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¹Appendix A of the Standard Form 100, Employer Information Report (EEO-1) Instruction Booklet outlines the definition of an employer for the purposes of filing the Employer Information Report (EEO-1), Standard Form 100.

²Appendix B of the Standard Form 100, Employer Information Report (EEO-1) Instruction Booklet outlines the federal contractors subject to executive order 11246 and required to file Employer Information Report (EEO-1) Standard Form 100.

³Appendix C of the Standard Form 100, Employer Information Report (EEO-1) Instruction Booklet outlines the responsibilities of prime contractors for the purposes of filing the Employer Information Report (EEO-1), Standard Form 100.

Self-identification is the preferred method of identifying race and/or ethnicity information necessary for the EEO-1 Component 1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 Report.

As to the method of collecting data, the basic principles for race and/or ethnicity self-identification for purposes of the EEO-1 Component 1 Report are: (1) offer employees the opportunity to self-identify, and (2) provide a statement about the voluntary nature of this inquiry for employees.

Detailed descriptions of the race and/or ethnicity can also be found in Appendix D of the 2021 EEO-1 Component 1 Instruction Booklet.

The EEO-1 Component 1 job categories are based on employee skill level, knowledge, and responsibilities. They are designed to reflect common company hierarchies. Employers should select the category which best reflects the job function performed by each employee.

Detailed descriptions of the job classifications can also be found in Appendix E of the 2021 EEO-1 Component 1 Instruction Booklet.