EEOC Opens 2024 EEO-1 Filing Portal: Employers Urged to Begin Preparation

Seyfarth Synopsis:  Today, the EEOC opened the Online Filing System (OFS) for the 2024 EEO-1 Component 1 data collection process.  Covered employers have until June 24, 2025 to complete their submission.  On May 12, 2025, the Office of Information and Regulatory Affairs (OIRA) approved the proposed changes to the EEO-1 Component 1 Instruction Booklet, which includes several key clarifications for the 2024 reporting requirements.  The updates include removing the option to report non-binary employee counts and updates the process for undue hardship requests.  Given the relatively short reporting window, employers should begin preparing immediately for the EEO-1 Component 1 filing process to ensure timely compliance.

2024 EEO-1 Component 1 Filing Period Now Open

Today, the EEOC announced the opening of the 2024 EEO-1 Component 1 data collection portal to gather race/ethnicity and sex information from organizations.  The reporting deadline is June 24, 2025. In the EEOC’s announcement, Acting Chair Andrea Lucas took the opportunity to remind employers of their non-discrimination obligations when collecting and reporting the required data, noting organizations “must not use information collected and reported in your organization’s EEO-1 Component 1 report to justify treating employees differently based on their race, sex, or other protected characteristic.”

The EEOC’s dedicated data collection website, www.eeocdata.org/eeo1, serves as the central portal for submitting EEO-1 Component 1 reports.  The site provides access to the OFS, along with resources such as the Instruction Booklet, filing specifications, FAQs, and technical assistance.  Employers can register, log in, access the Filer Support Message Center, and monitor important updates and deadlines.

It is important to note that once the data collection period closes, employers will not be able to correct or update any workforce demographic data submitted during that cycle.  Furthermore, employers that fail to submit required EEO-1 Component 1 reports during a given reporting cycle are not permitted to submit those reports retroactively in future cycles.  For example, an employer that did not file a 2023 EEO-1 Component 1 report will not be allowed to submit it during the 2024 filing period.

Given these restrictions and the relatively short filing window, employers should begin reviewing their internal HRIS systems and workforce data now to ensure readiness.  Early preparation will help ensure timely compliance now that the OFS is open.

Removal of Non-Binary Reporting Option

As part of the approved revisions to the 2024 EEO-1 Component 1 Instruction Booklet, the EEOC has officially removed the voluntary option for reporting non-binary employees.  This change was adopted to comply with Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which mandates that federal agency forms collect data on an individual’s sex strictly as male or female, and prohibits the collection of “gender identity” data.

In prior years, the EEO-1 Component 1 instructions included an optional, though administratively burdensome, mechanism for employers to report employees who self-identified as non-binary.  That option has now been eliminated.  The EEOC also revised the instructions and related footnotes to remove all references to non-binary reporting.

Employers must now report all employees as either male or female, regardless of how an employee may self-identify. This may present challenges for organizations with inclusive gender identity policies or systems that previously accommodated non-binary classifications. Employers in this situation are encouraged to consult with legal counsel to determine how best to align their internal policies and reporting practices with the EEO-1 Component 1 reporting  requirements. 

“Notice of Failure to File” Letters

The EEOC has also removed language in the instruction booklet regarding the "Notice of Failure to File" letter that employers with incomplete or unfiled EEO-1 Component 1 reports would typically receive. This suggests the EEOC may no longer intend to provide this additional reminder. Thus, once 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.

Conclusion

In light of the finalized changes to the 2024 EEO-1 Component 1 Instruction Booklet and the opening of the 2024 filing period, employers should take immediate steps to prepare for the June 24, 2025 submission deadline. The removal of the non-binary reporting option, elimination of “Notice of Failure to File” letters, and the prohibition on retroactive submissions underscore the importance of timely compliance. Employers are strongly encouraged to review their internal systems, update reporting protocols, and ensure alignment with the revised requirements.

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.