What Is An EEO-1 Annual Report Anyway?
The EEO-1 Component 1 Report (also known as “Standard Form 100”) is a mandatory annual data collection that requires certain employers to submit information regarding their workforce.
All private-sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting specific criteria, must complete an EEO-1 Report annually.
The EEO-1 Report relates to equal employment opportunities (hence “EEO”) and requires relevant employers to submit demographic workforce data, including data by race/ethnicity, sex and job categories.
The data submitted is kept confidential by the EEOC unless companies choose to voluntarily disclose it.
Although all U.S. employers of 15 employees or more must comply with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin”, only certain employers need to submit an EEO-1 Report to evidence the make-up of their workforce.
Who files an EEO-1 Report?
You need to file an EEO-1 Report if you are:
- A private employer with 100 or more employees.
- A federal government prime contractor or first-tier subcontractor with 50 or more employees and a federal contract/subcontract amounting to $50,000 or more.
- A company with 50 or more employees that serves as a depository of Government funds or as a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes.
- An employer with fewer than 100 employees but that is associated with other company(s) or a parent company where the entire enterprise employs 100 or more.
EEO-1 Reporting Checklist
The following seven steps to EEO-1 reporting are designed to walk you through what you need to do:
- Eligibility. Determine if you need to submit an EEO-1 Report (see ‘Who has to file an EEO-1 Report?’ above)
- Form. If you haven’t filed an EEO-1 Report before, register as a first-time filer online on the EEOC’s website at EEOC.gov.
- Data identification. Familiarize yourself with the data that needs to be collected. This includes, for the company and each location or division:
- Company name
- Physical address (of headquarters)
- EIN NAICS Code DUNS, if the organization is a federal contractor.
- The workforce snapshot pay period used.
- Number of employees at the prescribed levels above, in each of the prescribed categories
- Identify your data sources. Where will you find the data you need to include in the form? What internal systems and data sources will you need to search?
- Delegate. Allocate responsibility for gathering the data and submitting the Report.
- Assemble. Gather data, collate if needed, check for accuracy and submit in time to meet the deadline. Looking at an EEO-1 sample report will help by giving you an example EEO-1 Report on which to base your reporting.
- Retain a copy of the Report for at least one year for audit purposes.
How to File Your EEO-1 Report
Once you have determined that you need to file an EEO-1 Report, you’ll need to know how to submit the Report.
The EEOC prefers organizations to submit their EEO-1 Component 1 Reports online. This is done either:
- Via the EEO-1 Component 1 Online Filing System, or
- As an electronically transmitted data file (TEXT or CSV) via a data file upload If you’re filing for the first time, you need to register with the EEOC before you can file your EEO-1 Component 1 Report.
You will be provided with a company I.D. and password.
When Is the EEO-1 Report Due by Year
Year is the year data relates to the EEO-1 Report filing due date.
Year EEO-1 Report Filing Due Dates
2023 TBD
2022 December 5, 2023
2021 May 17, 2022 (Tentative)
2020 October 25, 2021 (extended)
2019 October 25, 2021 (extended)
Penalties for Not Filing an EEO-1 Report
It is compulsory to file an EEO-1 Report – meaning that failure to do so will incur penalties. If an employer refuses or fails to complete an EEO-1 Report, the Equal Employment Opportunity Commission (EEOC) can obtain a U.S. District Court order that compels the employer to file a Report. This could potentially lead to the employer being held in contempt.
Federal contractors or subcontractors that need to file an EEO-1 Report may have their federal government contract terminated. They may also be prohibited from being granted future federal contracts.
Any employer that makes a willfully false statement on an EEO-1 Report can face a fine, imprisonment of up to five years, or both.
Illinois Requirements
Illinois law requires private businesses with 100 or more employees in the State of Illinois to submit an application to obtain an Equal Pay Registration Certificate (EPRC) by providing certain pay, demographic, and other data to the Illinois Department of Labor (IDOL) by March 24, 2024, and to recertify every two years after the first submission. The law also requires such employers to submit certain information with their application, including: a statement certifying that the business is in compliance with the Equal Pay Act of 2003 and other state and federal laws related to equal pay.
You can visit IDOL’s Equal Pay Registration Certificate page to access the online portal that businesses must use to submit their contact information and required data to IDOL, a training guide for use of the portal, a compliance statement template, and other certification information and resources.
If you have any questions regarding the Equal Pay Registration Certificate, you can email DOL.EPRC@illinois.gov.
Questions to the EEOC can be directed to 202.921.2539
