When Is My Business's 2019 EEO-1 Report Due?

There is no denying that, since the beginning of March, it has been an extraordinarily busy time for HR professionals.  In addition to the usual day-to-day challenges in performing HR functions, there have been countless changes relating to: business closures mandated by the state; the changes in Pennsylvania’s unemployment compensation system; the new Emergency FMLA and Emergency Paid Sick Leave programs mandated by the Families First Coronavirus Response Act (“FFCRA”); and the loan and payroll tax provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).  With all of these developments, it may be easy to forget that the March 31 deadline for filing EEO-1 reports has come and gone.  In fact, the EEO-1 Portal for filing 2019 reports has not yet opened.  Why is that the case?

The answer, which should not come as a surprise to HR professionals and employers, is this: the federal bureaucracy.  The authority of the U.S. Equal Employment Opportunity Commission (“EEOC”) to collect EEO-1 survey data from employers expired on September 30, 2019.  On March 20, 2020, the EEOC requested approval from the federal Office of Management and Budget (“OMB”) to collect the EEO-1 survey data for 2019, 2020, and 2021.  Once the 30-day public notice and comment period expires, OMB will make a decision on the EEOC’s request.  There is no timeline, however, for this decision.

In light of this uncertainty, what is a covered employer to do?  Hold tight for a deadline from the EEOC and, if you can find the time, get started on preparing your EEO-1 report.  The good news?  The EEOC has already announced that it will not be collecting the “Component 2” data on hours and compensation that it required last year.

For questions about EEO-1 reporting or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. And to stay updated on all key labor and employment law developments, subscribe to our blog and follow us on social media.