EEOC Extends EEO-1 Component 2 Deadline Due to Lack of Responses

Author: Robert S. Teachout, XpertHR Legal Editor

UPDATE - November 11, 2019: On October 29, 2019, the U.S. District Court for the District of Columbia ordered the EEOC to continue to collect EEO-1 Component 2 pay data for calendar years 2017 and 2018 until January 31, 2020. Further information is available on the EEOC's Component 2 EEO-1 Online Filing web page.

October 4, 2019

The Equal Employment Opportunity Commission (EEOC) is extending the September 30 filing deadline for covered employers to submit their Form EEO-1 Component 2 reports because not enough employers have done so.

The EEOC reported the deadline extension to the federal district court judge who is supervising the filing process. Under the court's order, at least 72.7% of eligible filers must submit the Component 2 EEO-1 data in order for the EEOC to meet its data-collection obligation. But the EEOC reported that, as of September 27, only 39.7% of those expected to file had submitted their Component 2 reports.

The agency said the submission portal will remain open as long as the court's order is in effect until it receives the required number of reports. Eligible employers that have not yet filed their Form EEO-1 Component 2 reports are encouraged to do so.

The EEOC for many years has required employers with 100 or more employees and federal contractors with more than 50 employees and federal contracts of at least $50,000 to submit EEO-1 Component 1 data - their number of employees categorized by race, gender, ethnicity and job category. Component 2 pay data involves asking for employees' hours worked and pay information from W-2 forms using the same categories as the Component 1 data.