Date: May 05, 2022

As discussed here, the Equal Employment Opportunity Commission’s (EEOC) EEO-1 reporting deadline for employers with 100+ employees (and most federal contractors with 50+ employees) is fast approaching.

May 17, 2022 marks the filing deadline for reports opened April 12, 2022.

Over the past several years the EEOC has extended its filing deadline to allow additional filing time for various reasons. This trend is not expected to continue this year. Recently updated FAQ’s make clear the EEOC will permit employers to submit EEO-1 reports after the stated deadline, but it will be during what the EEOC terms its “failure to file” phase. Specifically:

“Following the May 17, 2022 published deadline, the EEOC will enter the “failure to file” phase. All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by the Tuesday, May 17, 2022 published deadline will receive a notice of failure to file instructing them to submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, through Tuesday, June 21st, 2022, will be available to ALL filers who have not submitted and certified their 2021 EEO-1 Component 1 Report(s) by the May 17, 2022 published deadline.

Please be advised that AFTER the June 21, 2022 deadline passes, NO additional 2021 EEO-1 Component 1 Reports will be accepted, and eligible filers will be out of compliance with their mandatory 2021 EEO-1 Component 1 filing obligation.”

To ensure compliance employers should continue preparing their reports to meet the May 17, 2022 deadline.

Members with questions about EEO-1 filings should contact Western Growers.

WG Staff Contact

Teresa McQueen
Corporate Counsel

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