As expected, EEOC has modified the EEO-1 Component 1 Data Collection Instruction Booklet. It has been submitted to the Office of Management and Budget (OMB) for approval, along with a request to open the system on 5/20/25 with a filing deadline of 6/24/25.
The revised instructions remove the option of reporting non-binary gender in the “Comments” section of the reports and instead require a binary gender designation, consistent with the President’s Executive Order: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to The Federal Government.
Mysteriously, the instructions continue to reference now-rescinded EO 11246, requiring Federal contractors and subcontractors with 50 or more employees to file EEO-1 reports. The filing threshold for non-contractors is 100 employees. Since EO 14173 rescinded EO 11246, it had been speculated that federal contractors with 50-99 employees would no longer be required to file EEO-1.
The Instruction Booklet has not yet been approved by OMB, so HR Works will publish additional guidance once it is approved and the filing system has been opened, at which point the reporting threshold can be verified. Regardless of the outcome, previous filers with 50-99 employees throughout October, November, and December of 2024 are advised to log into the filing system to complete the qualifying questions and log a response in the system indicating whether the employee headcount threshold is met. Employers failing to do so should expect to receive a notice of violation, which can only be corrected while the filing system is open.
Employers can access the EEO-1 filing system on the EEOC’s website. The system is not yet open, and no accounts can be created or modified until it is.
How HR Works Can Help
HR Works assists employers with data preparation and filing of the EEO-1 report, saving employers the administrative burden of completing the report in-house.
If you are interested in having HR Works file on your behalf, contact us at info@hrworks-inc.com or call 1-877-219-9062 to learn more about these services and how to leverage our compliance expertise.
