Each year, employers with 100 or more employees and federal contractors/subcontractors with 50 or more employees must file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC). The 2023 EEO-1 Component 1 data collection portal will open on Tuesday, April 30, 2024 and close on Tuesday, June 4, 2024. The data supplied is used by the EEOC and other government agencies for enforcement and research. Filing the report is a legal obligation and is not voluntary. 

The EEO-1 Component 1 online Filer Support will be available on April 30 to provide assistance to filers with any questions regarding the 2023 collection. Additionally, on March 19, the EEOC plans to release updates on the data collections, along with the 2023 EEO-1 Component 1 Instruction Booklet and specifications for uploading data files.

As the EEO-1 Component 1 portal is about to open, employers need to gear up, understand their legal obligations, utilize available support resources, and be aware of the implications, especially for government contractors. While there are no direct financial penalties for failing to file an EEO-1 report, the EEOC can seek court orders to compel non-compliant companies to submit the report, potentially leading to contempt charges. For federal contractors, the repercussions can be even more severe, jeopardizing their federal contracts.

The consequences of non-compliance extend beyond legal penalties. For federal contractors, it can negatively impact their standing during Office of Federal Contract Compliance Programs (OFCCP) audits, potentially triggering conciliation agreements and future compliance reviews. Similarly, for non-federal contractors, failure to file can taint their image during discrimination investigations by the EEOC or state agencies, affecting perceptions of their commitment to non-discrimination policies.