EEOC Seeks Three-Year Approval of Revisions to the EEO-1 Report

By: Bill Osterndorf, Kate Hayek, and Alaya Collins

On November 9, 2022, the Equal Employment Opportunity Commission (EEOC) gave notice that it is seeking approval from the Office of Management and Budget (OMB) for a three-year extension of the EEO-1 Report. The EEO-1 Report collects workforce demographic data from employersAdditionally, the EEOC is also requesting to make changes to the EEO-1 filing process. 

Beginning with the 2022 EEO-1 Component 1 data collection (which would occur in 2023), the EEOC proposes eliminating “Type 4” and “Type 8” reports. Type 4 reports are used to provide data on establishments with 50 or more employees, while Type 8 reports are used to provide data on establishments with fewer than 50 employees. Type 4 and Type 8 reports will be replaced with a newly named “Establishment-Level Report” which will apply to all non-headquarters establishments, regardless of their size. With this proposed change, the EEOC is seeking to make the filing process more user-friendly and less burdensome.  

Under this proposal, all multi-establishment filers must still submit a Headquarters Report (formerly known as a “Type 3” Report) and a Consolidated Report (formerly known as a “Type 2” Report). All Consolidated Reports will be auto-populated with data from the Headquarters Report and Establishment-Level Reports. 

The EEOC’s request to renew the EEO-1 Report does not ask to reinstate the collection of pay data that involved 2017 and 2018 data. That data collection, known as Component 2, only occurred in 2019. EEOC instead is seeking to reauthorize the collection of traditional EEO-1 Component 1 data. 

Written comments on this notice can be submitted on or before January 9, 2023 at 

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Bill Osterndorf

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