On Thursday, January 6, 2022, the Equal Employment Opportunity Commission (EEOC) published an announcement on the EEO-1 site about 2021 EEO-1 filings. In this statement, EEOC announces the discontinuation of type 6 reports and a May 17, 2022, deadline for filing 2021 EEO-1 reports.
While EEOC had previously informed filers that the portal to file 2021 EEO-1 reports would likely open on Tuesday, April 12th, 2022, the May 17 deadline for filing 2021 EEO-1 reports was not announced until January 3, 2022. The May 17 deadline may come as a surprise to employers, as the EEO-1 submission period typically lasts for several months. EEOC’s January announcements suggest that filing dates are tentative. Employers should monitor the EEO-1 site for more information about the opening and closing of the filing portal.
The discontinuation of type 6 reports reduces the number of options for multi-establishment employers to file EEO-1 reports. Type 6 reports were available to EEO-1 filers as a way to provide information for establishments with less than 50 employees. Rather than providing demographic data within EEO-1 categories for small establishments, employers were allowed to provide only establishment name, address, and total number of employees in a type 6 report. Employers were then required to reconcile data concerning total number of employees at all establishments.
The January 6 announcement regarding the discontinuation of type 6 reports was not particularly surprising. Type 6 reports limited the information EEOC was provided. For the 2019 and 2020 EEO-1 filings, only employers that had previously used type 6 reports were allowed to continue using them. In its January 6 announcement, EEOC states that the discontinuation of type 6 reports “will allow the EEOC to collect more accurate employee demographic data in support of the agency’s mission to prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.”
EEOC has a fact sheet that describes the types of reports that multi-establishment EEO-1 filers must provide. The fact sheet provides additional information on the discontinuation of type 6 reports. DCI will continue to monitor the EEO-1 site and report on additional changes to the 2021 EEO-1 report and filing deadlines.
Author: Bill Osterndorf