By: Victoria Ungvary and Zach Olsen
On January 20, 2023, the Equal Employment Opportunity Commission (EEOC) announced the tentative opening of the EEO-1 portal is now “mid-July” 2023. This change results in a three-month delay from the previous tentative opening date of April 2023.
The delay does not change the requirements for EEO-1 reporting — it simply changes when the portal will open for employers to provide their 2022 EEO-1 data. Employers with more than 100 employees (and federal contractors or first-tier subcontractors with 50 or more employees) still must complete the EEO-1 survey using data from a pay period in the fourth quarter of the 2022 calendar year.
EEOC did not provide an explanation in its announcement delaying the opening of the EEO-1 portal, although it is possible it is related to EEOC’s desire to institute minor revisions to the EEO-1 form. The current EEO-1 form expires June 30, and in November 2022, the agency submitted proposed revisions to the EEO-1 form to the Office of Management and Budget (OMB) for review.
If approved, the proposed EEO-1 form would eliminate the separate reports for establishments above or below the 50-employee threshold (currently Type 4 and Type 8 reports, respectively) in favor of one new “Establishment-Level Report”. This new report would apply to all non-headquarter establishments, regardless of size. Since these changes appear to streamline reporting, it is likely they will be approved by OMB. As a reminder Type 6 reports, which allowed employers to report only the total number of employees at establishments with fewer than 50 employees, had already been discontinued with the 2021 EEO-1 filing.
September 30th Deadline Returning?
It should also be noted that while EEOC has not yet announced the reporting deadline for the 2022 EEO-1 filing, a mid-July opening could open the doors for a return of the September 30 deadline. September 30 is the current deadline for VETS-4212 reporting—and what used to be the traditional EEO-1 reporting deadline prior to its adjustment to accommodate the former Component 2 pay data reporting.
DCI is continuing to monitor the status EEO-1 revisions/portal opening and will provide updates as we learn more.