Publication

The Equal Employment Opportunity Commission (“EEOC”) has extended the deadline for completing the 2019 and 2020 EEO-1 filing to Monday, August 23, 2021. Previously, the deadline was July 19, 2021. Employers are having difficulty logging into the filing system or trying to report mergers, acquisitions, and spin-offs and have faced long delays in reaching the EEOC. The EEOC has asked that those employers who are still awaiting a response be patient while the Filer Support Team works through the telephone messages and email questions. The website specifically promises that “we will ensure that all filers will be able to file and that no one will be excluded.” Employers who have not yet attempted to log into the system should do so soon so that they can get their request into the EEOC help queue if they have problems.

As a reminder, the EEO-1 filing is mandatory for:

• Private sector employers (including non-profit organizations) with 100 or more employees
• Companies with 50 or more employees that are a federal prime or first-tier subcontractor and have a contract or purchase order of at least $50,000
• Financial institutions with 50 or more employees that are depositories of federal funds or that serve as issuing and paying agents for U.S. Savings Bonds or savings notes

Private employers that do not individually meet the 100-employee threshold must also consider whether their company was “affiliated through common ownership and/or centralized management with other entities in an enterprise with a total of 100 or more employees.” If such an affiliation exists, they will still need to file an EEO-1.

The following types of organizations are exempt from the EEO-1 filing, although they may have other required filings:
 

• State and local governments
• Public elementary and secondary school districts
• Local referral unions
• Institutions of higher education
• American Indian or Alaska Native tribes
• Tax-exempt private membership clubs