EEOC tentatively sets dramatically shortened 2021 EEO-1 filing season

United States: EEOC tentatively sets dramatically shortened 2021 EEO-1 filing season

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The United States Equal Employment Opportunity Commission (EEOC) recently
job information on the EEO-1 landing page indicating that the 2021 EEO-1 filing platform is scheduled to open on April 12, 2022, with the filing deadline tentatively set for May 17, 2022. This filing period is approximately four weeks is considerably shorter than expected for recent EEO-1 filing periods. For example, the EEO-1 2017 filing period open January 24, 2018, with an initial deadline of March 31, 2018, while the 2018 EEO-1 filing cycle open on March 31, 2019 and had an original deadline of May 31, 2019. For the most recent EEO-1 filing cycle, which covered filings for 2019 and 2020, the filing platform opened on April 26, 2021 and had a first the filing deadline of July 19, 2021, which has been extended several times until a final deadline of October 25, 2021, has been set. Looking at recent EEO-1 filing periods in which single year reports were collected, one would have expected a filing period of around eight weeks for the 2021 EEO-1 data collection, but the EEOC appears to be ready to collect all 2021 EEOs. -1 reports in about four weeks.

While the EEOC recently extended the EEO-1 filing deadlines, the agency’s setting this short collection period for EEO-1 reports 2021 represents a major change that could put even more pressure on employers who have been forced to deal with a difficult EEO. 1 filing cycle in 2021 which lasted until the end of last year. Last year’s EEO-1 deposition cycle was difficult for a number of reasons: the implementation of a new depot platform; the paper sending of new connection information; a long delay in the processing of merger, acquisition and demerger requests leading to a modification of this process at the end of the filing cycle; and the challenges of coping with many business and staff transitions over the two years affected by the pandemic.

Another factor that can make the EEO-1 2021 filing cycle difficult is the need to complete the reconciliation process for 2019 and 2020 mergers, acquisitions and spinoffs that were not processed in 2021. Another change for 2021 is that employers who previously used the streamlined Type 6 reports preferred by large employers will now be forced to use the more data-intensive Type 8 reports for establishments with less than 50 employees. The EEOC provided an information sheet, titled “EEO-1 Component 1 Fact Sheet: Types of Reports“, discussing the Type 6 report shutdown as well as the EEO-1 report types available for 2021 filings. Although it is hoped that many of the new EEO-1 depot platform issues will have been resolved for the EEO 2021 -1 filings, the EEOC’s interim decision to set such a short filing period suggests that this year’s EEO-1 filing cycle will remain difficult. -1 comes as many employers gear up for a seemingly year-round set of compliance filings including not only EEO-1s but also California 2021 salary data reports due March 31, 2022, VETS reports -4,212,2022 due September 30, 2022, and work on new state filing obligations, such as Employers who file EEO-1 reports may find it prudent to have their EEO-1 data ready and wait once the depot platform Not opened in anticipation of the potentially shortened deposit window.

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