EEOC Sues Employers for Failing to File EEO-1 Reports

In a new "first," the EEOC has sued more than a dozen employers for not filing required reports that include the racial and sexual makeup of their workforce.  So far, the EEOC has brought at least 15 lawsuits in a number of federal courts alleging that the defendant employers failed to file the mandatory EEO-1 reports in 2021 and 2022.  Private sector employers with 100 or more employees must annually file such reports.  Previously, there was no or minimal liability for failing to file such reports.

A similar development has occurred in recent years in which employers with federal contracts failed to prepare written affirmative action plans, required by applicable federal contractor regulations.  All federal contractors must certify they have prepared written affirmative action plans annually or otherwise their failing to so certify increases the likelihood of a federal audit.

The EEO-1 Component 1 data correction date for 2023 is currently underway with a deadline of June 4, 2024.  If an employer misses the reporting deadline, the EEOC will issue a "notice of failure to file," which will instruct the employer to submit their data no later than July 9, 2024.  After the second deadline passes, the EEOC will no longer accept data from the 2023 reporting period.  The EEO-1 form must be submitted annually by:  (1) private sector employers with more than 100 employees; and (2) government contractors and first-tier subcontractors with more than 50 employees and more than $50,000.00 in federal contracts or subcontracts.

This article is part of our July 2024 Newsletter. 

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