Breaking News: EEOC Will Not Collect Data in 2020

Seyfarth Synopsis:  On May 7, EEOC announced that, due to public health concerns associated with COVID-19, it will not require employers to file EEO-1 Component 1 Reports for the 2019 year until March 2021.  EEOC is still in the process of obtaining OMB approval for the EEO-1 Component 1 Report that it intends to use to collect data for 2019.

EEOC Delays Collection of 2019 EEO-1 Reports Until March 2021

EEOC announced today that it will further delay its collection of 2019 EEO-1 Reports in light of the ongoing public health risks created by COVID-19.  In a notice that will be published in the Federal Register tomorrow, EEOC stated that it “would expect to begin collecting the 2019 EEO-1 Component 1 along with the 2020 EEO-1 Component 1 in March 2021.”  In an announcement sent after the filing, EEOC said that its delay was due to the “impact that the current public health emergency is having on workplaces across America” and that by delaying the collection the agency “will ensure that EEO filers are better positioned to provide accurate, valid, and reliable data in a timely manner.”  The announcement also specified that EEOC would notify filers of the precise date that the survey will open as soon as it is available.

What Does This Mean for Employers?

Employers have been in a holding pattern for months now as they have waited for EEOC to request and receive approval of the new OMB Control Number for the 2019, 2020, and 2021 EEO-1 Report.  On March 23, the agency submitted a request for approval to OMB and solicited additional public comments.  This latest announcement should come as a relief to employers as they now have a greater degree of certainty around when submission will actually begin.

Employers should keep in mind that they will be required to submit employee data for both 2019 and 2020 during the March 2021 collection period.  Given EEOC’s previous statements indicating that it will be much more strict about granting extensions and will no longer leave the survey open indefinitely, employers should begin taking steps to collect and audit their 2019 employment data now.

If you have any questions, please feel free to reach out to someone on the Seyfarth AAP and People Analytics Team.