Update: On June 30, 2023, the Equal Employment Opportunity Commission (EEOC) delayed the filing period for the 2022 EEO-1 data collection once again. According to its website, the filing period will begin in the fall of 2023. Please see our blog on this newest delay for more information and subscribe to DCI Alerts to be notified when exact dates are published.
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.
