The EEO-1 Report is an annual filing required by the Equal Employment Opportunity Commission (EEOC) that provides a summary of an employer’s workforce demographics. The Report includes information on a company’s workforce demographic information including sex, race, ethnicity, and job categories, helping the EEOC monitor compliance with equal employment opportunity laws. The EEOC recently submitted its proposed 2024 EEO-1 Instruction Booklet to the White House Office of Management and Budget (OMB) for approval. The proposal indicates that the EEO-1 Component 1 data collection will open on Tuesday, May 20, 2025, with a filing deadline of Tuesday, June 24, 2025. Final opening and closing dates will be published on EEOC’s official EEO-1 website. Employers should monitor the site for official announcements, scheduling updates, and any changes to reporting requirements.
Who Is Required to Submit an EEO-1 Report?
Historically, private employers with 100 or more employees, as well as federal contractors with at least 50 employees that meet certain criteria were required to submit EEO-1 Reports. The EEOC’s request for changes for 2024 did not include updated guidance for small federal contractors with between 50-100 employees. The materials submitted by the EEOC note that Office of Federal Contract Compliance Program (OFCCP) regulations “require certain federal contractors to file the EEO-1 Component 1 if they have 50 or more employees and are not exempt.” However, the EEOC does not address President Trump’s Executive Order 14173, which revoked the OFCCP’s underlying authority for the regulations implementing Executive Order 11246. As such, it appears small federal contractors should be prepared to file an EEO-1 Report by the deadlines provided above.
Changes to the EEO-1 Collection Process for 2025 – Removal of Nonbinary Reporting Option
While the EEOC proposed only minor instructional changes to the EEO-1 data collection process, one significant revision stands out. In alignment with President Trump’s Executive Order 14168, which mandates “[a]gency forms that require an individual’s sex shall list male or female, and shall not request gender identity,” the EEOC has proposed eliminating the current option for employers to report employees who self-identify as nonbinary. Under the prior year’s guidance, nonbinary employees could be excluded from binary sex-based headcounts and their numbers reported in a separate comment box. The EEOC has requested that the Instruction Booklet be updated to state: “The EEO-1 Component 1 data collection provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, and race or ethnicity.” Again, that change is awaiting approval from the OMB.
Next Steps
Employers subject to EEO-1 requirements should begin preparing now to ensure compliance by the anticipated June deadline. If you’re uncertain whether these requirements apply to your company, the attorneys at FordHarrison are available to assist in determining your obligations.
