As we previously reported, the deadline for employers to submit their EEO-1 Component 1 reports is June 4, 2024. The federal regulations requiring reporting of the EEO-1 Component data also provide a mechanism for the EEOC to compel reporting compliance through court action. The EEOC has demonstrated its willingness to take such action with the recent filing of an unprecedented 15 lawsuits across multiple states, including New York, New Jersey, California, Texas, Wisconsin, Alaska, Georgia, Arizona, North Carolina, Florida, Ohio and Missouri.
The lawsuits filed by the EEOC against a range of employers allege the various defendants repeatedly failed to file the required reports, despite notices of noncompliance. The EEOC is seeking court orders to compel the various defendants to prepare and file the reports from the years of noncompliance. While the EEOC is not seeking damages, the District Courts could order these companies to file the required reports, and further noncompliance would be in contempt of that order.
To avoid being ensnared in litigation for noncompliance, employers should file their reports by the June 4 deadline. To assist in the process, the EEOC has issued an updated instruction booklet for filing, available here.
If an employer is not sure whether it is required to file an EEO-1 Component report or is not sure what information it needs to file a report correctly and timely, it should seek out employment law counsel who are experienced with completing this form.
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