All employers covered by Title VII of the Civil Rights Act of 1964 have until August 23, 2021 to submit an EEO-1 Report of demographic workforce data to the EEOC for each of 2019 and 2020.  This applies to employers with 100 or more employees, employers affiliated with or owned by another company that has 100 or more employees, or employers where management of the enterprise employs 100 or more persons.  It also applies to many federal contractors.  Employees are counted in a “snapshot” of a single pay period selected by the employer from the last quarter of the relevant year and include part-time and full-time personnel.  An employer may select different a “snapshot” period for each of 2019 and 2020.

The demographic data that must be reported includes the numbers of employees organized by job category (seven to choose from), ethnicity (Hispanic or Latino versus not Hispanic or Latino), race (White, Black or African-American, Native Hawaiian or Pacific Islander, Asian, Native American or Alaska Native, or Two or More Races) and gender called Component 1 data.  Additional information and the portal for submission of the EEO-1 Report is available from the EEOC.

Even if your business complied with California’s new Pay Data Reporting requirements, it may also need to comply with the EEOC’s requirement.