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May 2 -- The Equal Employment Opportunity Commission (EEOC or Commission) announces that it has submitted to the Office of Management and Budget (OMB) a request for a three-year PRA approval of revisions to Component 1 of the Employer Information Report (EEO–1). This PRA submission for the EEO–1 Component 1 does not change the types of demographic workforce data historically collected by the EEO–1 (i.e., employee data by job category and sex and race or ethnicity). Rather, as part of this routine three-year clearance for Component 1 under the PRA, the EEOC seeks OMB approval of measures that streamline and modernize how the current EEO–1 Component 1 workforce demographic data are collected from employers. Written comments on this notice must be submitted on or before June 1, 2023.

Since 1966, the EEOC has required eligible employers to submit workforce demographic data (EEO–1 Component 1) on an annual basis. All private employers that are covered by Title VII of the Civil Rights Act of 1964, as amended (Title VII), and that have 100 or more employees are required to file the workforce demographic data. In addition, Office of Federal Contract Compliance Programs (OFCCP) regulations require certain federal contractors to file the EEO–1 Component 1 if they have 50 or more employees and are not exempt as provided for by 41 CFR 60–1.5.

The EEOC created the Office of Enterprise Data and Analytics (OEDA) in May 2018 with the goal of creating a 21st century data and analytics organization at the agency. Since its creation, OEDA, which administers the agency's EEO data collections, including the EEO–1 Component 1, has undertaken several efforts to modernize the collections and improve the quality of data collected. OEDA has also streamlined functions, such as providing additional self-service options, resource materials, and an online support message center. As part of these ongoing modernization efforts, OEDA identified additional burden-reducing measures to streamline how the current EEO–1 Component 1 workforce demographic data are collected from employers. This request for clearance under the PRA includes changes that make the EEO–1 Component 1 filing process more user-friendly and less burdensome.

Beginning with the 2022 EEO–1 Component 1 data collection, multi-establishment employers will no longer be required to file a separate “type” of establishment report based on the size of an individual non-headquarters establishment (i.e., establishments with 50 or more employees or establishments with fewer than 50 employees). Rather, in place of the former “Type 4” and “Type 8” establishment reports and the former “Type 6” establishment list report, there will be a newly named “Establishment-Level Report.” 

All multi-establishment employers will use the “Establishment-Level Report” to submit establishment-level employee demographic data for each of their non-headquarters establishment(s) regardless of size. With this change, a multi-establishment employer will no longer have to take the additional step of counting employees in each establishment to determine whether to file a “Type 4” or “Type 8” establishment report. Multi-establishment employers will still be required to submit a “Headquarters Report” (formerly referred to as a “Type 3” report) and a “Consolidated Report” (formerly referred to as a “Type 2” report). However, each “Consolidated Report” for every multi-establishment employer will be auto-populated and auto-generated with data from their “Headquarters Report” and “Establishment-Level Report(s)” within the EEOC's electronic, web-based EEO–1 Component 1 Online Filing System (OFS). A single-establishment employer is still required to submit only one report, a “Single-Establishment Employer Report” (formerly referred to as a “Type 1” single establishment report).

EEO-1 data: https://www.eeoc.gov/data
EEOC submission to OMB: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202304-3046-002 Click on IC List for questionnaire, View Supporting Statement for technical documentation. Submit comments through this site.
FR notice inviting public comment: https://www.federalregister.gov/d/2023-09216
For AEA members wishing to submit comments, "A Primer on How to Respond to Calls for Comment on Federal Data Collections" is available at https://www.aeaweb.org/content/file?id=5806

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