2023 EEO-1 Report ‘Failure to File’ Deadline Is July 9

Although the June 4 deadline has passed, the Equal Employment Opportunity Commission (EEOC) urges required employers who haven’t yet submitted and certified their mandatory EEO-1 Component 1 report to do so as soon as possible — and no later than 8 p.m. Pacific Time (PT) on Tuesday, July 9, 2024.

Once this “Failure to File” deadline passes, employers are considered out of compliance with their filing obligations — and those out of compliance are on the EEOC’s radar: Recently, the commission filed lawsuits against 15 employers in 10 states for repeatedly failing to submit their mandatory reports.

Each year, all private-sector employers with 100 or more employees — and federal contractors with 50 or more employees meeting certain criteria — must file an EEO-1 Component 1 report, which includes workforce demographic data, such as information on the racial/ethnic and gender composition of their workforce by specific job categories. This data is used for a variety of purposes, including enforcement, analytics and research, and employer self-assessment.

Authorized by Title VII of the Civil Rights Act of 1964, the EEOC has collected this workforce demographic data for nearly 60 years — and can take employers to court for not fulfilling their filing obligations. The EEOC’s recent lawsuits for repeated failure to comply with mandatory federal reporting requirements affect a range of employer industries, including retail, construction, restaurant, manufacturing, logistics and services — demonstrating the federal agency’s commitment to ensuring compliance with the law.

This year, the EEOC collected the 2023 EEO-1 Component 1 reports from April 30, 2024, through June 4, 2024. Although the EEOC has not officially extended the filing deadline, it will accept reports until the “failure to file” deadline of 8 p.m. PT on Tuesday, July 9, 2024. After this, no additional 2023 EEO-1 Component 1 reports will be accepted, and required employers who failed to file will be out of compliance with their mandatory filing obligations.

CalChamber members can read more about EEO Reporting Requirements in the HR Library on HRCalifornia.

Not a member? See what CalChamber can do for you.

Staff Contact: Katie Culliton

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Katie Culliton joined the CalChamber in April 2015 as an editor. She coordinates more than 400 forms on HRCalifornia and edits the California Labor Law Digest, HR Quick Guide for California Employers and the HRCalifornia website. She also has written for CalChamber blogs and newsletters, including HRCalifornia Extra, California Employer Update and the HRWatchdog blog. Culliton has a B.A. in political science from the University of California, Davis and an M.A. in liberal arts from California State University, Sacramento.