EEOC Kicks Off 2024 EEO-1 Data Collection: If Approved Portal To Open on May 20, 2025

Seyfarth Synopsis:  The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and Regulatory Affairs (OIRA).  If approved as requested, the 2024 EEO-1 Component 1 Online Filing System (OFS)  will open on May 20, 2025, and close on June 24, 2025.

Introduction

The EEO-1 Component 1 report, also known as the Employer Information Report, is a mandatory annual data collection conducted by the EEOC. This report requires private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data to the EEOC. These data include the job category in which an employee is classified, as well as their race, ethnicity, and sex.

In light of several recent changes at the federal level, many employers have been waiting for additional guidance related to whether the EEOC would collect EEO-1 Component 1 data, and if so, when the filing would be required.  The justification request answers these questions directly—if approved, the 2024 EEO-1 Component 1 OFS will open on May 20, 2025, with filings due by June 24, 2025.

Key Changes Proposed to the 2024 Instruction Booklet

The EEOC has proposed several self-described “non-substantive” updates to the 2024 EEO-1 Component 1 Instruction Booklet. The changes are intended to align with Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, while other revisions are designed to improve the efficiency of the data collection process. Each of the proposed revisions are discussed in more detail below.

Despite these changes, the instructions continue to reference EO 11246 which was rescinded on January 21, 2025, and confirm that federal contractors with more than 50 employees continue to have an obligation to file an EEO-1 Component 1 report pursuant to EO 11246. This continuing obligation may remain in place because this is a 2024 reporting obligation.

Removal of Non-Binary Reporting Option

In compliance with Executive Order 14168, the EEOC proposes removing the voluntary option for reporting non-binary employees. Specifically, the EEOC submits that the changes are necessary to comply with the requirements of EO 14168, which require agency forms to collect data regarding an individual’s sex as either male or female and prohibit agency forms from requesting “gender identity” data. While prior EEO-1 Component 1 instructions provided employers with an optional, albeit cumbersome, mechanism for reporting the number of employees who self-reported as “non-binary,” the EEOC concludes that it “must” remove that option to ensure compliance with EO 14168.  Accordingly, the EEOC proposes to revise the instructions, as well as several associated footnotes, to remove all discussion of the voluntary reporting option for non-binary employees consistent with EO 14168.

Streamlining the Collection Process

The EEOC has also removed language regarding the "Notice of Failure to File" letter that employers with incomplete or unfiled EEO-1 Component 1 reports would typically receive from the EEOC. This suggests the EEOC may not intend to provide employers with this additional reminder to complete the required filing. Note, however, that after the June 24, 2025 deadline passes and the OFS closes,  additional reports will not be accepted, and all required filers will be deemed out of compliance with the reporting obligation.

Updates to Undue Hardship Requests

Revisions to Part 24 and associated footnotes reflect changes to 29 CFR part 1602, effective January 10, 2025, concerning how and by whom undue hardship requests are processed. These updates ensure that the instructions are aligned with the latest regulatory changes.

Employers who believe that preparing or filing the 2024 EEO-1 Component 1 report would create undue hardship may apply for an exemption from the requirements. To do so, they must submit a written exemption application to the EEOC, demonstrating with specific facts and supporting documentation how the preparation or filing of the report would create an undue hardship. While the application is pending, employers must continue to collect and prepare the required data in case the exemption request is denied.

Exemption applications must be submitted in writing and sent to the EEOC's Office of Enterprise Data and Analytics (OEDA) at 131 M Street NE, Washington, DC 20507. Applications must be postmarked on or before June 24, 2025. Filers are not permitted to submit exemption applications via email or through the EEO-1 Component 1 OFS. Applications postmarked after the deadline will not be considered.

Conclusion

While the 2024 EEO-1 Component 1 Instruction Booklet has been submitted to OIRA for review, this submission is part of the standard process for updating federal data collection instructions and ensuring compliance with new regulations and executive orders. As of now, the instruction booklet is in the status of “Received in OIRA” meaning that the EEOC has completed the initial step of submitting the proposed changes and updates. OIRA will review the submission for compliance and accuracy, and once completed, will approve the instruction booklet. The EEOC will then publish the final version and update its dedicated online filing system accordingly. Employers will then be able to access the updated instructions and prepare for the 2024 EEO-1 Component 1 data collection period, which is scheduled to open on May 20, 2025, and close on June 24, 2025.

In the meantime, Seyfarth Shaw will continue to monitor these developments and provide updates as they occur. For more information on the EEO-1 Component 1 reporting process, please contact any of the authors, members of Seyfarth’s People Analytics Group or your Seyfarth attorney.

 

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