EEOC Provides Guidance Regarding Late Filers for EEO-1 Reports

By: Bill Osterndorf

The Equal Employment Opportunity Commission (EEOC) has provided guidance for employers that may be late filers for their EEO-1 reports.  A new FAQ item states that employers missing the May 17, 2022 deadline for filing must file no later than June 21, 2022.  This late filing deadline is not currently mentioned on any other page of EEOC’s website. 

The portal to file EEO-1 reports for 2021 opened on April 12, 2022.  EEOC has traditionally allowed several months for employers to file their EEO-1 reports.  However, the agency announced in January that the deadline to file 2021 EEO-1 reports will be May 17.  In the past, EEOC has often extended its filing deadline, but it appears that will not be the case this year.   

EEOC responded as follows to the question “Will I still be permitted to submit my 2021 EEO-1…Report(s) if I have been unable to do so by the May 17, 2022 published deadline? 

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. 

EEOC has announced no specific sanction for failing to file 2021 EEO-1 reports by either the original May 17 deadline or the June 21 late filing deadline.  However, employers should attempt to file by June 21, because according to EEOC there will be no further opportunities to file after that. 

For more information about EEO-1 reporting, please see DCI Consulting’s website.  DCI will continue to monitor the EEO-1 portal for new announcements by EEOC. 

 

Authors:
Bill Osterndorf

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