Companies with 100 or more U.S. employees are required to annually file Form EEO-1 with the Equal Employment Opportunity Commission. The EEO-1 provides demographic information about various classes of employees broken down by gender and race/ethnicity. While the EEO-1 filing is mandatory, there is no fine or other penalty imposed against employers that fail to meet this requirement. The EEOC can sue seeking an injunction forcing the employer to provide the data.

On Wednesday, the EEOC did just that, announcing lawsuits filed against 15 companies in 10 states accused of failing to file the EEO-1.  In its press release, the EEOC accused the companies of failing to provide the required information despite repeated demands. The 2023 EEO-1 information must be filed by June 4, 2024. These lawsuits may give employers that have failed to submit the EEO-1 in the past an incentive to begin complying with this requirement.

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