ATTENTION EMPLOYERS: NO TIME TO CATCH YOUR BREATH FROM 2022 EEO-1 FILINGS; 2023 DATA COLLECTION OPENS APRIL 30

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Just when employers thought they could rest a minute after completing the delayed 2022 EEO-1 Component 1 data collection and filing cycle (which closed January 9, 2024), it is time to start 2023’s. The U.S. Equal Employment Opportunity Commission (“EEOC”) has announced that it will open the 2023 EEO-1 Component 1 process on Tuesday, April 30, 2024. All private employers with 100 or more employees and federal contractors with 50 or more employees have until Tuesday, June 4, 2024 to file their 2023 workforce demographic data, including the number of individuals employed by job category and by sex and race or ethnicity. The EEOC has announced its intent to post HERE updated materials to support employers in this process – such as its instruction booklet and data file upload specifications – by March 19.

Covered employers must submit their data electronically through either manual data entry or the upload of a data file to the EEO-1 Component 1 Online Filing System. The EEOC’s EEO-1 help desk will be available as of April 30 to assist employers with any filing questions.

No Update on Pay Data Reporting: Notably, the EEOC’s announcement did not include any direction to employers regarding filing EEO-1 Component 2, which requires employers to collect and report employee pay data by sex and race/ethnicity. Component 2 had been the subject of various political and legal challenges and has not been in effect since it was ordered reinstated by a federal judge in 2019 retroactively for purposes of the 2017 and 2018 filings. Despite EEOC Commissioner Keith Sonderling’s warning in April 2022 that employers should “Watch out, it is coming” and EEOC Chair Charlotte Burrows’ 2023 confirmation that the agency views salary transparency for equal pay purposes as a top priority, it appears the agency will not begin collecting pay data in its EEO-1 filings for 2023. Employers should keep in mind that collection and filing of pay data is required under certain state laws, including California and Illinois.


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