OFCCP Week in Review: May 2022 | Direct Employers Association

Friday, April 29, 2022: Imminent deadline for the EEO-1 investigation – then its failed to file phase

The directory EEO-1 Component 1 Data collection is due Tuesday, May 17 for Title VII employers with more than 100 employees and for federally covered contractors with 50 or more employees.

What happens after the deadline of Tuesday, May 17, 2022 has passed? Can I still submit the data?

According to the EEOC FAQs:

Yes. After the published deadline of May 17, 2022, the EEOC will enter the “failure to file” phase. All registrants who have not submitted and certified their mandatory 2021 EEO-1 Component 1 report(s) by Tuesday, May 17, 2022, the published deadline, will receive a Notice of Failure to File requesting that they submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, until Tuesday, June 21, 2022, will be available to ALL registrants who have not submitted and certified their 2021 EEO-1 Component 1 report(s) by May 17, 2022, published deadline.

Editorial note: Nothing new here, except that the EEOC/Joint Reporting Committee publishes what most filers have learned in component 2 filings, and the Joint Reporting Committee has continued to accept EEO-1 filings for nearly half a year past the filing deadline.

What happens after the June 21, 2022 deadline has passed?

According to the same FAQs:

NO Supplemental 2021 EEO-1 Component 1 Reports will be accepted, and eligible registrants will not be in compliance with their 2021 EEO-1 Component 1 Mandatory Filing Obligation.

What happens to employers who fail to file a return and are non-compliant?

According to John C.. Fox: Nothing.

The EEOC could sue in federal court seeking an injunction forcing the company to file a case, but that never happened, no one remembers. Plus, it would be silly, anyway, since any employer/contractor trying to file late (after the EEOC has closed the filing portal) would deprive the EEOC of a “case or controversy” necessary to maintain the jurisdiction of the Federal Court.

So why is the EEOC closing its filing portal? Because it wants to crunch the data and doesn’t want to redo analytical reports, the Commission and the OFCCP run over and over the EEO-1 file again and again. Big budget problem to do that, especially since it’s a big file.

For more information, including how to report non-binary employees, see our recent story, “Action Item: EEO-1 Investigation Filing Deadline.”

Andrew B. Reiter