The EEO-1 portal opened yesterday, May 20, 2025, and covered employers will have until June 24, 2025, to submit their reports. The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria to submit workforce demographic data, including data by job category, sex, and race or ethnicity to the EEOC.
Per the EEOC, as part of the EEOC's efforts to identify continued cost savings for the American public, there will be a shorter collection period during which filers may submit their 2024 reports. The collection period will not extend beyond the Tuesday, June 24, 2025, “Published Due Date” deadline.
Additionally, beginning with the 2024 EEO-1 Component 1 data collection, all communications sent to filers will be electronic. No notifications about the 2024 collection will be sent via postal mail.
There is no EEO-1 Component 2 pay reporting required this year.
The following are some EEO-1 basics.
Who files an EEO-1 report?
- A private employer with 100 or more employees.
- A federal government prime contractor or first-tier subcontractor with 50 or more employees and a contract/subcontract amounting to $50,000 or more.
- A company with 50 or more employees that serves as a depository of Government funds or as a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes.
- A company with fewer than 100 employees but that is associated with other company(s) or a parent company where the entire enterprise employs 100 or more.
What locations or establishments must an EEO-1 report be filed for?
An establishment is generally a single physical location where business is conducted or where services or industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, farm, airline terminal, sales office, warehouse, or central administrative office). Establishments at different physical locations (multi-establishments) must be reported as separate establishments even if conducting the same business or performing the same services or industrial operations.
A multi-establishment employer must submit three types of EEO-1 reports to the EEOC:
- Consolidated report
- Headquarters report
- Establishment-level reports
The consolidated report will be autopopulated and autogenerated with data from the headquarters report and each establishment-level report. A multi-establishment company cannot make changes directly to the consolidated report, but it can edit the headquarters report and/or establishment-level reports to ensure the consolidated report reflects accurate totals.
Employers should only include establishments located in the 50 states and Washington, D.C. They should not include establishments located in Puerto Rico, the Virgin Islands, or other American protectorates.
What is the workforce snapshot period?
Workforce demographic data must include all full-time and part-time employees who were employed during an employer selected pay period (i.e., workforce snapshot period) in the fourth quarter (i.e., October 1 through December 31) of the reporting year. These employees do not include leased employees or temporary employees on another employer’s payroll system.
If the employees terminate after the reporting date, they are still reportable in the EEO-1 report as they were active on the reporting date.
How do you report remote employees?
Employees who work remotely and/or telework must be included in an employer’s EEO-1 Component 1 report(s) by the specific establishment to which the employees report.
How do you report employees at client sites?
For the 2024 EEO-1 Component 1 data collection, employers continue to have the option to report employees working at client sites either by (1) using the client site address as the location of the establishment or (2) reporting those employees at an establishment of the employer.
What are the EEO-1 categories?
Reporting is based upon the following levels:
- 1.1 Executive/senior-level officials and managers (generally 1 report away from the CEO)
- 1.2 First/mid-level officials and managers (all others from Director to Supervisors)
- 2 Professionals
- 3 Technicians
- 4 Sales workers
- 5 Administrative support workers
- 6 Craft workers
- 7 Operatives
- 8 Laborers and helpers
- 9 Service workers
Jobs should be coded in your system for easy reference. For a quick reference guide to Fair Labor Standards Act (FLSA) exempt/nonexempt, exempt positions are generally categories 1.1, 1.2, 2 and possibly 4 (if outside sales), and all other categories are nonexempt under the FLSA.
What are the racial categories?
- White (not Hispanic or Latino)
- Native Hawaiian or other Pacific Islander (not Hispanic or Latino)
- American Indian or Native Alaskan (not Hispanic or Latino)
- Asian (not Hispanic or Latino)
- Hispanic or Latino
- Black or African American (not Hispanic or Latino)
Note, if reporting is continued in the future, Middle Eastern and North African (MENA) will be a new category for collection purposes. It is not required at this time. Note though that organizations that meet California pay requirements reporting must report MENA in the 2026 cycle.
What are the gender categories?
Nonbinary is not to be reported in the notes as in the past. On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB requesting what it classified as a non-substantive change to remove the option for employers to voluntarily report non-binary data for those in their workforce. In past years, the EEO-1 reporting instructions allowed respondents to provide non-binary data in a narrative form in the comment box of the report. It was approved on May 14th.
What other employer identifiers must be reported?
- North American Industry Classification System Number (NAISC) (6 digit)
- Federal Employer Identification Number (FEIN) (9 digit)
- Federal contractors will be required to report their Unique Entity ID (UEI)
Finance should have these identifiers.
How are mergers, acquisitions, and establishment closures reported?
In the past this situation caused many headaches for employers. However, with the current tool, the headache has been eased greatly.
If an employer had an acquisition, spinoff, or merger since the last EEO-1 reporting cycle before the selected pay period, the employer must use the "report acquisition, spinoff, or merger" module in the EEO-1 online filing system to report any changes to the EEOC. The EEOC will make the necessary changes to the EEO-1 reporting system though it may take several days for the system to be updated. Make sure to have the old company or spinoff’s Company Number and or Unit Number. The EEOC will need this information on employer letterhead signed by the appropriate level employee (Manager, Director, etc.) stating what happened before any changes can be made.
Any facility that has been closed since the last EEO-1 reporting cycle can be shown closed in the tool. When closing it will ask for the reason for closing, for example, location closed.
Are there any other steps an employer must take before filing?
Once an employer’s reports have been completed, the name and contact information for the employer’s “Certifying Official” and the employer’s “Primary Point of Contact (POC) for EEO-1 Component 1 Reporting” (i.e., “Primary POC”) for receiving communications from the EEOC regarding the report must be provided. The “Certifying Official” will certify to the below statement within the OFS.
“I certify that the information, including any workforce demographic data, provided in this report is correct and true to the best of my knowledge and was prepared in conformity with the directions set forth in the form and accompanying instructions.”
Below this statement, the EEOC provides written notice to the “Certifying Official” that “[k]nowingly and willfully false statements on this report are punishable by law, US Code, Title 18, Section 1001.” Please note that if an employer fails to complete the final step to “Certify EEO-1 Component 1 Report(s)” within the EEO-1 Component 1 Online Filing System (OFS), the status of the employer’s filing will be considered “incomplete” by the EEOC.
What if the employer fails to file during the time period?
The June 24th date is a hard close. In the Information Collection Request (ICR), the EEOC requested a change that was approved to remove the “Notice of Failure to File” language to streamline the collection process. What that means is unclear at this time. In the past, the EEOC would send employers who had not yet filed a “Notice of Failure to File” reminding them of the requirement to file an EEO-1 report. The also have the authority to compel filing through a petition in a U.S. District Court via the authority of Section 709 (c) of Title VII of the Civil Rights Act of 1964.
If you need any assistance filing the EEO-1 report, contact Anthony Kaylin at 248-223-8012 or akaylin@aseonline.org.