The EEOC requires private sector employers with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria to file an EEO-1 report on an annual basis. Employers do not incur a financial penalty for filing late or not filing at all. However, Title VII authorizes the EEOC to compel employers to file by obtaining a court order.
Historically, it is rare for the EEOC to sue an employer for failure to file an EEO-1 report. The last lawsuit against an employer occurred in 2008. Enforcement appears, however, to be a top priority for the EEOC this year. Last month, the EEOC announced lawsuits against 15 employers who repeatedly failed to file EEO-1 reports in prior years, including for 2021 and 2022. In the lawsuits, the EEOC is asking the courts to order the employers to prepare, execute and file EEO-1 reports for the missing years, and for them to file in the future.
The deadline to submit the EEO-1 report was June 4, 2024. Employers who did not file their reports by June 4 should certify their report as soon as possible. The final deadline for employers is the “Failure to File” deadline on Tuesday, July 9, 2024 at 11 p.m. EST. After the “Failure to File” deadline, the EEOC will not accept additional 2023 EEO-1 reports and employers will be deemed out of compliance with their filing obligations. Employers who still need to file their EEO-1 report can do so by accessing this link.
