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EEOC Cracks Down on Employers: The Importance of Timely EEO-1 Reporting

By Debra Milstein Gardner - Jun 6, 2024 10:15:00 AM - 5 MINS READ

The U.S. Equal Employment Opportunity Commission (EEOC) has recently taken legal action against 15 employers in 10 states for failing to submit their mandatory EEO-1 Component 1 data reports for 2021 and 2022. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries.  

These lawsuits provide a stark reminder of what happens when covered employers ignore their statutory requirements. Failing to file EEO-1 reports can result in the EEOC seeking judicial relief to compel compliance, as demonstrated by the recent lawsuits.  The EEOC seeks court orders compelling the employers to file their missing EEO-1 reports and such further relief that the courts deem necessary and proper.   

Employers with 100 or more employees, and federal contractors and subcontractors with 50 or more employees, are required to submit annual workforce demographic data, including job category and sex, race, or ethnicity information. This data is used for EEOC’s enforcement, analytics, and research efforts, helping to identify potential discrimination and ensure compliance with anti-discrimination laws. EEOC also shares this data with other authorized federal agencies, and state or local Fair Employment Practices agencies. The Office of Federal Contract Compliance Programs (OFCCP) also collects EEO-1 reports during compliance evaluations.  

The 2023 EEO-1 reports submission and certification deadline is 11:00 p.m. ET on June 4, 2024.  Employers who fail to submit the data by the deadline will receive a “Notice of Failure to File” from the EEOC which will instruct them to submit their data no later than July 9, 2024.  After the second deadline, the agency will no longer accept data and the portal will be closed.   OutSolves Take (300 × 80 px) (1)



The EEOC has shown a willingness to take aggressive enforcement measures against those who repeatedly neglect their reporting obligations.  With the 2023 EEO-1 Component 1 data collection currently underway and the submission deadline set for June 4, 2024, it is crucial for employers to act promptly. Ensure your organization is prepared to meet this deadline to avoid legal complications and support the broader goal of workplace equality and non-discrimination.  

With changes made to the 2023 EEO-1 filing, the process becomes more complicated for employers.  To assist in understanding the changes, OutSolve recently posted a blog, titled “Breaking Down the 2023 EEO-1 Component 1 Instruction Booklet: Updates and Implications.”  For further assistance from OutSolve, feel free to contact us as soon as possible for filing support.  

Debra Milstein Gardner

Debra Milstein Gardner has worked in the Equal Employment Opportunity (EEO) and Affirmative Action (AA) space for the past 43 years while working in the public and private sectors in various human resources compliance roles. She began her career working for the Equal Employment Opportunity Commission and then went to the Marriott Corporation for nine years working in EEO, Affirmative Action and field human resource roles. In 1990, Debra founded Workplace Dynamics LLC providing EEO, AA, and DEI consulting services to government contractors. In 2016, Debra sold the affirmative action portion of Workplace Dynamics to OutSolve LLC and works part-time as a Market Analyst. Debra is a sports fanatic, routing for the Baltimore Ravens and all Virginia Tech Hokie teams. She loves to hike and boat in her mountain and lake community of Lake Lure, NC.

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