Accessibility Tools

Skip to main content

EEOC Sues Employers for Failing to File EEO-1 Reports

Written on .

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. 

View newsletter online

Download the newsletter as a PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
texas flag
Congress passed a law in both Houses under the Congressional Review Act to reject the new National Labor Relations Board (NLRB) Joint Emp...
gaza on a map
While the death of George Floyd ignited one round of protest, the Gaza situation has created another such round of protest.  As a general...
pendulum
Some polls suggest that many employees desire their employers to take public positions on political/social issues.  As a result, employer...
filing cabinet handle
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...
submitting ballot into box
The United Auto Workers (UAW) was once arguably the most powerful union in the U.S. Each of the "Big Three" U.S. car manufacturers were U...
an hourglass sitting on rocks outside
In a move long anticipated by many court watchers, the Supreme Court on June 28, 2024, jettisoned a longstanding doctrine of deference to...