Deadline Extension: EEO-1 Component 2 Data

By The CIP Group

April 5, 2021

Today, September 30, is the deadline to file Component 2 EEO-1 for 2017 and 2018 data; however, on September 27, 2019, the EEOC announced in a status report filed in the lawsuit discussing post-September 30th activities that “the report collection will not be complete until it reaches what the Court has determined to be the target response rate…” There is no information on how long the portal will remain open, therefore, employers should continue to submit and certify their reports as soon as possible.

The Equal Employment Opportunity Commission (EEOC) encourages all filers to submit their data as soon as possible on the EEO-1 Component 2 online filing system

In its report to the Court, the EEOC reported that “As of September 25, 2019, 39.7% of eligible filers have completed submission of Component 2 EEO-1 data.” The Court’s target is a 72.7% filing rate. Employers should not assume it will not be hit on or shortly after September 30 and are advised to continue to work to meet the September 30 deadline, but be comforted that it appears likely they will have at least a few more days to make their submissions if necessary.

Additionally the EEOC has earlier announced that it will not collect EEO-1 Component 2 data—pay information broken down by job category, race, sex and ethnicity—in the future. The agency concluded that the burden imposed on employers to gather the data outweighs the usefulness of the data for the agency. However, Component 2 data for 2017 and 2018 still must be submitted this year and courts might intervene to compel the EEOC to gather the data in future years despite this announcement.