How to Fill out the EEO-1 Form

The Equal Employment Opportunity Commission (EEOC) has extended the deadline for the EEO-1 survey to June 21, 2022.

Here's what employers need to know about this HR compliance form, including how to fill it out and when it's due.

What Is the EEO-1 Form?

According to the EEOC, the EEO-1 survey--or the EEO-1 Component 1 report--“is a mandatory annual data collection that requires all private-sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data, including data by race/ethnicity, sex, and job categories.” This data is kept confidential.

The EEOC is an organization responsible for enforcing federal laws that make it illegal to discriminate against a job applicant for a variety of factors. For example, this includes a person’s race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. Furthermore, the EEOC has authority to regulate and investigate most employers with at least 15 employees. 

The EEOC investigates charges of discrimination and focuses on settling them when discrimination is found. If parties can’t reach an agreement, the EEOC may file lawsuits on the behalf of the individual or the general public. In addition to investigating complaints and handling discrimination charges, the EEOC conducts outreach programs to prevent future cases.

Step-by-Step: How to Fill out the EEO-1 Form

To get started, employers can use the EEOC's secure online filing system.

Page 1 is divided into three different sections: 

• Section A: In Section A, you’ll indicate the type of report that you’re filing--either for a single establishment or for a multi-establishment employer. For EEO-1 reporting, a multi-establishment employer is any organization that operates at multiple physical locations. If this applies to your organization, you’ll also need to indicate the total number of reports being filed. In other words, this means you’ll have to fill out a report for each location, similar to the OSHA Form 300. 

• Section B: In Section B, you’ll report basic information about your company, including the name, address, location, and employer identification number (EIN). You’ll also indicate if your organization filed an EEO-1 report in the previous year. 
• Section C: This section will help you indicate if your company is required to actually file the EEO-1 report. You’ll answer three Yes or No questions; if at least one of your responses is “Yes,” then you should fill out the rest of the form. 

This is the easy part. Once you move on to page 2, things get a little more complicated. This page is divided into four sections:

• Section D: In Section D, you’ll report employment data. This is the bulk of the info that the EEOC wants from employers. The reporting chart is split into a few different components: Job Categories, Number of Employees by Race/Ethnicity, and Total Combined Employees per category, per Race/Ethnicity. You should report all permanent full-time and part-time employees as well as apprentices and on-the-job trainees unless otherwise noted. Employers will need the employees’ demographic information, which should be self-reported by the employees. This can be collected during onboarding or using an anonymous survey to employees in order to self-identify their race and ethnicity. 

• Section E: In Section E, you’ll report a basic description of your organization’s primary business function and activities. For example, if you run a women’s fashion boutique, you’d list your primary business function as a retail clothing store.

• Section F: This section gives you an opportunity to explain any major changes in reporting from the previous year. For example, if you had to lay off a significant number of employees in 2021, you’d report this in Section F.
• Section G: In this final section, you’ll basically just certify that everything you reported in the form is true and accurate. Then, you’ll sign it and provide a bit more information about yourself for verification purposes.

EEO-1 Reporting FAQs

1. When is the EEO-1 due?

The form submission is now open, and employers have until Tuesday, June 21, 2022 to submit data for 2021. (The deadline was originally May 17, which was then extended to June 21, but has now been extended again to October 25.)

2. Where can employers go to file the EEO-1 form?

Eligible employers can file the EEO-1 Form through the online portal at https://eeocdata.org/eeo1.

3. Where can I find a sample of the EEO-1 form?

A sample of the EEO-1 form can be found here.

4. Who is required to fill out the EEO-1 form?

• is subject to Title VII of the Civil Rights Act of 1964 and employs 100 or more people
• is subject to Title VII of the Civil Rights Act of 1964 and employs fewer than 100 people, but is owned by or corporately affiliated with another company so that the entire enterprise employs 100 or more employees
• is a contractor for the federal government, or a first-tier subcontractor subject to Executive Order 11246, and employs 50 or more employees and operates with a prime contract or first-tier subcontract equivalent to or higher than $50,000

5. What information do employers need to fill out the EEO-1 Form?

• Number of full and part-time employees during the specified workforce snapshot pay period selected by the employer 
• All employees’ sex and race/ethnicity
• Job categories of all employees, which can be classified using this resource 
• Employer Identification Number (EIN)
• DUNS, if federal contractor

6. Where do I find/collect the information I need to fill out the form?

Employers will need the employees’ demographic information, which should be self-reported by the employees. Employers should send a survey to employees in order to self-identify their race and ethnicity. Additionally, employers will need pay data, which can be found in the employees’ W-2 and hours worked. This is where a human resources information system (HRIS) like BerniePortal comes in handy.

7. How do employers gather race and ethnicity information from employees?

According to the EEOC, the preferred method of gathering ethnicity information from employees is through employee self-identification. According to the EEOC’s website, employers should do this by offering employees the opportunity to self-identify and providing a statement about the voluntary nature of this inquiry for employees.

8. What if I’m filling out the form for the first time?

First-time filers of the EEO-1 form will need to first register here.

9. Where can I go if I have more questions?

Employers are encouraged to visit the EEOC’s EEO-1 form website at https://eeocdata.org/EEO1/home/index.

Additional Resources

You can stay informed, educated, and up-to-date with important HR topics using BerniePortal’s comprehensive resources:

• BerniePortal Blog—a one-stop-shop for HR industry news
• HR Glossary—featuring the most common HR terms, acronyms, and compliance
• HR Guides—essential pillars, covering an extensive list of comprehensive HR topics
• BernieU—free online HR courses, approved for SHRM and HRCI recertification credit
• HR Party of One—our popular YouTube series and podcast, covering emerging HR trends and enduring HR topics