The Equal Employment Opportunity Commission (EEOC) recently announced tentative plans to begin accepting 2024 EEO-1 Reports from covered employers from May 20, 2025, through June 24, 2025. EEO-1 reporting requirements apply to private employers with at least 100 employees and have historically covered federal contractors with at least 50 employees and a federal contract worth at least $50,000. The report collects data on the race/ethnicity and gender makeup of the workforce. Normally, EEO-1 reports are due by March 31 of each year. As we previously reported, transitions in federal agency governance caused some uncertainty and delay. The EEOC has now submitted its 2024 EEO-1 Instruction Booklet to the White House Office of Management and Budget (OMB) for approval, along with proposed changes to EEO-1 reporting as outlined in a document entitled, “Justification for non-substantive changes to EEO-1 Instructions.”
The EEOC says the proposed changes are intended to streamline efficiency and align EEO-1 reporting requirements with Executive Order 14168, entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” To comply with the new policy of using only “male” and “female” classifications in federal forms, the EEOC proposes removal of the option to report on employees who identify as non-binary. It remains unclear whether EEO-1 reporting will be required by federal contractors with at least 50 U.S. employees in light of the rescission of Executive Order 11246, which we reported on earlier this year. We expect further clarification from the EEOC on whether this group of employers is still required to submit an EEO-1 Report. It is also possible that the EEOC’s anticipated schedule for data collection is further delayed due to legal challenges including multiple pending lawsuits challenging Executive Order 14168 and other “DEI-related” executive orders.
Tips: We now await OMB approval and the EEOC’s instructions and confirmation of the schedule for filing EEO-1 Reports. We will continue to monitor federal litigation developments and agency guidance governing EEO-1 reporting obligations. However, do not count on a delay or wait for our next newsletter for an update. If your organization is potentially a covered employer, we recommend periodically checking for announcements on the EEO-1 Report website. The timeline for reporting is extremely short once the portal opens – only five weeks. Have your data ready and plan to submit your report(s) early in case you run into any technical issues. We also recommend that you save copies and take screenshots of any confirmation messages so the company can prove that it complied with submission requirements. If you participate in Vigilant’s Affirmative Action Program (AAP), please contact your AAP representative if you need assistance, or call your Vigilant Law Group attorney for specific advice.