Another new year and another update from the Equal Employment Opportunity Commission (EEOC) regarding the EEO-1 Component 1 reporting.

The EEOC has informed employers they are discontinuing the EEO-1 Component 1 Type 6 Establishment List Report for reporting establishments with fewer than 50 employees. This means that each location, no matter size, will be assigned a Unit ID number and will need to provide detailed race/ethnicity demographic information for each location’s workforce. Below you will see the full announcement from the EEOC:

1/6/22 - 2021 EEO-1 Component 1 Data Collection Notice:

Discontinuation of EEO-1 Type 6 Establishment List Reports

As part of the EEOC’s continuing efforts to modernize the agency’s EEO data collections and to improve the quality of data collected, the EEOC is discontinuing the EEO-1 Component 1 Type 6 Establishment List Report (“Type 6 Report”) for reporting establishments with fewer than 50 employees.

Beginning with the 2021 EEO-1 Component 1 data collection, tentatively scheduled to open on
Tuesday, April 12th, 2022, ALL filers reporting data for establishments with fewer than 50 employees must use a Type 8 Establishment Report (“Type 8 Report”) to submit such data.

This change 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.

For the 2019 and 2020 EEO-1 Component 1 data collections (which are now closed), the EEOC only permitted filers who had previously submitted a Type 6 Report to do so. All filers who were permitted to submit a Type 6 Report for the 2019/2020 collections have been notified via email regarding the discontinuation of the Type 6 Report so these filers may prepare for the opening of the 2021 EEO-1 Component 1 filing using Type 8 Reports.

As a reminder, the 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on
Tuesday, April 12th, 2022. The tentative deadline to file the 2021 EEO-1 Component 1 Report is
Tuesday, May 17th, 2022. Prior to the opening of the 2021 data collection, additional instructions and resource materials will be shared with all filers via email as well as posted online at this website, https://eeocdata.org/eeo1, as they become available. The EEO-1 Filer Support Team will resume normal operations immediately prior to the opening of the 2021 EEO-1 Component 1 data collection.

OutSolve’s Take

OutSolve will help clients transition from the Type 6 reports to Type 8 reports for EEO-1 Component 1 reporting purposes. With the EEOC making these updates to the EEO-1 Component 1 reporting structure, the EEOC and other agencies will have better visibility into an employer's entire workforce. This will help with follow-up on any complaints filed with the commission. This can also lead to OFCCP changing how/who they audit when you combine this update and the new Affirmative Action Program Verification Interface (AAP-VI).

Currently, it’s unclear whether AAP-VI will be preloaded with establishment details collected from EEO-1 submissions. We will be monitoring any new information published by OFCCP on AAP-VI. Also, recall that the OFCCP and the EEOC have an existing Memorandum of Understanding (MOU) which will help with their compliance efforts. Interesting times ahead!