On January 6, 2022, the EEOC announced that the data collection portal for 2021 EEO-1 Component 1 reports is “tentatively scheduled” to open on April 12, 2022, and that the “tentative deadline” for employers to file their EEO-1 reports is May 17, 2022.

The EEOC also announced it “is discontinuing the EEO-1 Component 1 Type 6 Establishment List Report (“Type 6 Report”) for reporting establishments with fewer than 50 employees.”  Instead, employers with establishments with fewer than 50 employees will have to use a Type 8 Establishment Report for those locations.  Now, employers will have to submit separate Type 8 Reports for each establishment with fewer than 50 employees.  The EEOC also issued a Fact Sheet, in which it notes “the Type 6 Establishment List Report required filers to submit the establishment name, address, and total number of employees. It did not require the inclusion of the establishment’s employee data categorized by race/ethnicity, sex, and job category. Type 6 filers were required to manually enter and include such employee data in their Type 2 Consolidated Report.”  By contrast, Type 8 Reports provide such employee data for each establishment.

The EEOC explains the “change will allow the EEOC to collect more accurate employee demographic data in support of the agency’s mission to prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.”

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.