Legal Alerts

EEOC Sues 15 Employers For Failure to File EEO-1 Reports

Chicago, Ill. (June 3, 2024) - The U.S. Equal Employment Opportunity Commission (EEOC) is stepping up enforcement actions related to EEO-1 Reports. The EEOC has sued 15 employers across the nation for failing to submit workplace demographic data reports to the Commission in compliance with mandatory federal reporting requirements, alleging that these employers failed to submit EEO-1 Component 1 annual data reports for the years 2021 and 2022.

Employers in the private sector with 100 or more employees are required to submit EEO-1 reports to the EEOC annually. Those reports must include race, ethnicity, sex, and job category information of an employer’s workforce. The EEOC uses this data for analytics, research, and to ensure compliance with anti-discrimination laws. The deadline to submit 2023 EEO-1 data to the EEOC is June 4, 2024.

In the EEOC’s press release from May 29, 2024, EEOC General Counsel Karla Gilbride explains: “This data collection is an important tool for ensuring compliance with Title VII’s prohibition on workplace discrimination.” She further states: “Not only did Congress authorize the EEOC to collect this data, Congress also authorized the agency to go to court to obtain compliance when employers ignore their obligation to provide the required information.”

As part of its litigation strategy, the EEOC is requesting that the courts in which it filed suit order the employers to file their missing EEO-1 reports. The employers sued by the EEOC consist of companies based in 10 states from various industries, including retail, service, restaurant, manufacturing, logistics, and construction.

EEOC Chair Charlotte A. Burrows noted: “For nearly six decades, the Commission has required private employers with 100 or more employees to submit workforce demographic data to the EEOC. The data helps the agency focus its resources, identify potential discrimination, and refine its investigations. As we commemorate this year’s 60th anniversary of the Civil Rights Act of 1964, the EEOC remains committed to using all our tools to remedy discrimination and fulfill the promise of equal opportunity in our nation’s civil rights laws.”

Employers that are obligated to provide EEO-1 data to the EEOC should ensure that complete and timely data is submitted. Lewis Brisbois’ employment counseling attorneys can assist in that process. Visit our Labor & Employment Practice page to learn more about our capabilities in this area.

Author:

Natalie Fouque, Associate

Editor:

Mary Smigielski, Partner and Midwest Regional Vice Chair of Labor & Employment Practice

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