What is the EEO-1?
The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal Employment Opportunity Commission (EEOC) annually. Submission of this report and the data therein is not a “check the box” exercise. Employers should exercise diligence in compiling the information and completing the submission on time.
Who Has to Submit an EEO-1?
The following are covered entities that are required to file the EEO-1:
- Private employers with 100 or more employees; and
- Federal contractors with:
- 50 or more employees, and
- A federal contract or subcontract of $50,000 or more.
EEOC Confirms Submission of the Form is Required
The statutory and regulatory foundation for the EEO-1 Component 1 requirement is rooted in Title VII of the Civil Rights Act of 1964 and Executive Order 11246. Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin, while Executive Order 11246 mandates affirmative action and prohibits federal contractors from discriminating in employment decisions, implicating the requirement that covered employers file EEO-1 reports. When President Trump rescinded Executive Order 11246, which we previously wrote about here, the fate of EEO-1s was unclear.
On May 20, the EEOC confirmed that EEO-1s are alive, for the time being, and covered employers are required to provide the 2024 reports. The EEOC released a message from Acting Chair Andrea Lucas titled “Opening of 2024 EEO-1 Component 1 Data Collection,” which can be found here. The statement provides, “[c]urrent EEOC regulations require covered entities to annually report on the sex and race or ethnicity of their employees via the EEO-1 Component 1 data collection process,” and the deadline to file the 2024 EEO-1 Component 1 report is Tuesday, June 24, 2025. Acknowledging the short filing window, the EEOC suggests that this shorter collection period is an effort at “cost savings for the American public.”
How do Covered Employers Submit the EEO-1?
There is now a portal on the EEOC website to submit the EEO-1 data (here). The portal also contains a link to the 2024 EEO-1 Component 1 Data Collection Instruction Booklet. This Booklet has undergone some material changes, including removing the option for employers to voluntarily report demographic information for non-binary employees.
Despite being rescinded, Executive Order 11246 continues to be cited by the 2024 EEO-1 Component 1 Data Collection Instruction Booklet as the basis for the EEO-1 Component 1 requirement. The portal notes (and employers should be aware) that additional material changes may occur between now and the reporting deadline that will be posted to the portal. It is crucial for employers to stay informed about any updates to ensure compliance with the latest requirements.
The EEOC’s announcement also references the administration’s recent Executive Orders regarding DEI and disparate impact, titled “Restoring Equality of Opportunity and Meritocracy,” which we previously wrote about here. In addition, the announcement references a newly released EEOC technical assistance Q&A document that expands on the concept of DEI-related discrimination and might provide some insight into the revised focus for which reported data may be utilized.
Covered employers should review their demographic collection practices to ensure that they are consistent with the 2024 EEO-1 Component 1 Data Collection Instruction Booklet and quickly move to comply with the short deadline for filing their EEO-1 Component 1 reports.
