By Mary M. Krakow and Penny S. Oleson
Question
When will the Equal Employment Opportunity Commission (EEOC) website portals open for the required EEO-1, EEO-3 and EEO-5 workforce surveys?
Answer
The EEOC just announced they are delaying the collections of the 2019 EEO-1 Component 1 (Employment Information Report), 2020 EEO-3 (Local Report) and the 2020 EEO-5 (Elementary-Secondary Staff Information Report) until 2021. The delay in collections is due to the Coronavirus Disease 2019 (COVID-19) public health emergency. The EEOC will be reaching out directly to EEO-1, EEO-3 and EEO-5 filers regarding the delayed collection of data.
The EEOC, which is charged with enforcing the federal anti-discrimination statutes, uses the data to analyze employment patterns such as the representation of female and minority workers within companies, industries and regions.
Impact of Delaying the EEO-1 Component 1 (Employment Information Report)
All private companies with 100 or more employees and all companies subject to the federal affirmative action requirements must annually file the Employer Information Report, commonly referred to as the EEO-1 report. The federal affirmative action requirements apply to all companies with 50 or more employees and that (1) are a prime contractor or first-tier subcontractor on a federal government contract of $50,000 or more, (2) serve as a depository of Government funds in any amount, or (3) are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes. The EEO-1 is an annual report based on data as of the end of the previous year.
The delay of the 2019 EEO-1 submission will require employers to submit two annual reports in March 2021, pending approval from the Office of Management and Budget: the 2019 (data for 2019) and the 2020 (data for 2020) reports. The EEOC will notify filers of the precise date the surveys will open as soon as it is available.
Impact of Delaying the 2020 EEO-3 (Local Report)
All local referral unions with 100 or more employees within the 50 U.S. States and District of Columbia must file the Local Report, commonly referred to as the EEO-3 report, in even numbered years (biennially). The requirement applies to all EEO-3 report filers using information as of December 31 of the preceding year. The reporting provides information on employment totals, employees' job category, sex and race/ethnic category.
The delay of the 2020 EEO-3 submission will require unions to file their 2020 report, using data as of December 31, 2019, in January 2021, pending approval from the Office of Management and Budget. The EEOC will notify filers of the precise date the surveys will open as soon as it is available. Filers also will be required to file their 2022 data the following year.
Impact of Delaying the 2020 EEO-5 (Elementary-Secondary Staff Information Report)
All elementary and secondary school districts with 100 or more employees within the 50 U.S. States and District of Columbia are required to file an Elementary-Secondary Staff Information Report, commonly referred to as the EEO-5 report, in even numbered years (biennially). The requirement applies to all EEO-5 report filers using information as of October 1 of the survey year. The reporting school provides information on the composition of their work forces by sex and by race/ethnic category.
The delay of the 2020 EEO-5 submission will require school districts to file their 2020 survey, using data as of October 1, 2020, in January 2021, pending approval from the Office of Management and Budget. The EEOC will notify filers of the precise date the surveys will open as soon as it is available. Filers also will be required to file their 2022 survey the following year.
Takeaways
Delaying the collections of the 2019 EEO-1 Component 1 (Employment Information Report), the 2020 EEO-3 (Local Report) and the 2020 EEO-5 (Elementary-Secondary Staff Information Report) until 2021 will allow filers additional time to provide accurate, valid and reliable data in a timely manner during the COVID-19 public health emergency.
If you have any questions on the impact of these delays, contact your Fredrikson & Byron attorney.
