All private employers employing 100 or more employees and subject to Title VII must submit an EEO-1 report annually. Most federal contractors and subcontractors that employ 50 or more employees also are required annually to submit an EEO-1 report (however, only those federal contractors that employ 100 or more employees are required to submit Component 2 data). If an employer fails to submit its EEO-1 report, under Section 709(c) of Title VII, the Equal Employment Opportunity Commission (EEOC) may compel an employer to file its EEO-1 report by obtaining an order from the U.S. District Court. Under Section 209(a) of Executive Order 11246, the penalties for failure of a federal contractor or subcontractor to comply may include termination of the federal government contract and debarment from future federal contracts.
The EEO-1 Report is a compliance survey mandated by Title VII of the Civil Rights Act of 1965 with amendments and administered by the EEOC and the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP). The filing of Standard Form 100 is required by law. The Component 1 survey required companies to categorize employment data by race/ethnicity, gender and job category.
In addition to Component 1, employers are required to submit pay data (also known as Component 2 or EEO-2) as part of EEO-1 reporting to improve investigations of possible pay discrimination by gender, race or ethnicity. In 2019, a federal judge reinstated the revised EEO-1 Component 2 reporting provisions. As a result, the EEOC announced the reinstatement of the revised EEO-1: Pay Data Collection, which requires the collection and submission of 2017 and 2018 pay data (Component 2) by September 30, 2019.
The EEOC, in conjunction with NORC at the University of Chicago (an independent research institution) established a web-based portal for the collection of this information, which can be accessed at this address: https://eeoccomp2.norc.org/. Additionally, the EEOC established a toll-free number to answer frequently asked questions through NORC at (877) 324-6214. You can also send email questions to EEOCcompdata@norc.org.