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Due to the partial government shutdown and, in turn, the shutdown of the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC extended the deadline for employers to submit EEO-1 data to May 31, 2019.  The EEOC also announced it has postponed the opening of the EEO-1 submission period until early March 2019.  While additional details and instructions for those filing a 2018 EEO-1 Report will be forthcoming, the extension provides employers a bit more time to compile and submit the necessary data.

The EEOC requires private employers with 100 or more workers and federal contractors or first-tier subcontractors to file annual EEO-1 forms identifying and categorizing the employer’s workforce by race/ethnicity, gender and job title. Essentially the EEOC uses employer’s EEO-1 forms to collect data about the women and minority workforce, support civil rights enforcement and analyze employment patterns, such as the representation of women and minorities within companies, industries or regions.  


1) Can employers file EEO-1 forms for previous years?

No, once the EEO-1 filing window has closed employers are unable to make any changes or file for previous years.

2) If an employer has several establishments, can the entire workforce be reported in one report?

No, the EEOC requires employment data to be entered separately for each establishment of a company.  Employers must provide employment data for each establishment in a separate report.

3) How do employers report employees who work from home or remotely?

Employees who work remotely should be included on the EEO-1 report for the establishment to which they report. 

4) What time period should employers use to extract EEO-1 employment data?

Employers can pull employment data from one pay period in October, November or December of the current survey year.

5) Can employers write an employee’s ethnicity on the EEO-1 report if they think they know the employee’s ethnicity?

No, having an employee self-identify his or her race and ethnicity is the preferred method for reporting.  Employers are required to attempt to allow employees to self-identify in order to complete the EEO-1 report.  However, if an employee declines to self-identify, then the employer may use employment records or observer identification.         

If you have any questions regarding EEO-1 reporting, please contact your Thompson Coe attorney at (651) 389-5000 or at  You can also find additional information and tips for your company and HR professionals at          

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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Kevin M. Mosher

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