February 8, 2022
What is an EEO Report & What Do Employers Need to Know?

Organizational growth is an exciting thing! It means new team members, fresh initiatives, and bigger goals and accomplishments. But once your company surpasses a certain number of employees, it also means new compliance responsibilities, like filing an EEO report.

The Equal Employment Opportunity Commission (EEOC) mandates EEO reports from employers with 100 or more employees (federal contractors are subject to lower thresholds). There are four different versions of data collections applicable to certain employers. This data collection only applies to actual employees, not applicants or candidates from your hiring process.

So, what does the EEOC do with this data? The information is used for various reasons, including enforcement, self-assessment by employers, and research. Reporting is not optional, so employers must conduct timely and accurate EEO reports to ensure compliance and avoid penalties. 

Let’s look at the different types of EEO reporting requirements and deadlines below. 

EEO-1 Report: Employer Information Report

The EEO-1 Report, or Employer Information Report, is the most common version. Employers who meet the following criteria must file the EEO-1 annually:

  • Employers with 100 or more employees
  • Employers with fewer than 100 employees but who are owned, affiliated with, or controlled by a company with more than 100 employees overall
  • Federal contractors or subcontractors with 50 or more employees and a contract/subcontract worth more than $50,000
  • Employers with 50 or more employees who also serve as an issuing and paying agent for U.S. Savings Bonds OR serve as a depository of government funds

To complete their EEO-1 Report, employers must collect data on their employees’: 

  • Race/ethnicity
  • Gender
  • Job category

The EEOC will tentatively start accepting submissions on Tuesday, April 12, 2022. The tentative deadline to file your 2021 EEO-1 is Tuesday, May 17, 2022. Keep checking the EEO-1 Data Collection page for updates.

EEO-3: Local Union Report

The EEO-3 Report is a mandatory survey that local unions must file every other year, specifically local unions with 100 or more members. Eligible local unions must submit demographic info on their workforce, including membership, applicant, and referral information by race/ethnicity and sex.

Data collection is tentatively scheduled to open on Tuesday, August 23, 2022. Check the EEO-3 Data Collection page for updates.

EE0-4: State and Local Government Information Report

State and local governments with 100 or more employees must file the EEO-4 Report every other year to report demographic information of their workforce, including:

  • Race/ethnicity
  • Gender
  • Job category
  • Salary band

The filing deadline was Tuesday, January 4, 2022, but the EEOC allows state and local governments to file until Tuesday, February 15, 2022, if they haven’t done so. After that, the agency will accept no more EEO-4 Reports. Visit the EEO-4 Data Collection page for more information and updates.

EEO-5: Elementary-Secondary Staff Information Report

Public elementary and secondary school systems and districts with 100 or more employees must submit their demographic workforce data via the EEO-5 Report every other year. This report collects staff information on:

  • Race/ethnicity
  • Gender
  • Activity assignment classification

The 2022 data collection will tentatively open on Tuesday, September 27, 2022. Refer to the EEO-5 Data Collection page for updated information.

Data Collection & Filing Tips

It can seem like a daunting task if you’re new to EEO reporting. Every employer should ensure efficiency and compliance by establishing a procedure to conduct an employee/member survey. Be sure to:

  • Survey your staff with sufficient time for everyone to respond.
  • Provide self-identification forms to employees.
  • Collect the surveys in time to prepare your EEO report.

If applicable, the headquarters or parent company must collect all forms from their other locations or subsidiaries.

What should an employer do if an employee refuses to identify themselves?

You may complete the data on the employee’s behalf based on records or visual observation (regarding race).

The EEOC requires submission through its online filing system. Remember to click the “Certify report” button, or your report will not be filed! Ensure you’ve followed the guidelines (i.e., collected all required data) when collecting data for your respective EEO report.

If you want to submit a paper report, you will need to file a written proposal to the EEOC. Paper reports are only accepted upon request and approval.

The Importance of EEO Compliance

Like any other legal requirement for employers, filing incomplete or inaccurate EEO reports–or failing to file them at all–can lead to significant fines. Federal contractors could even lose contracts and future agreements. So, while conducting surveys and prepping data may be time-consuming, it is crucial to protecting your company. 

If you need assistance administering, managing, and filing your EEO report, BlueLion’s HR experts will be happy to help you with the process. Our experienced team will also guide you in any other areas of EEO compliance. Contact us today at 603-818-4131 or info@bluelionllc.com to learn more!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.