Written by Cara Yates Crotty from Constangy Brooks Smith & Prophete LLP on April 28, 2025
And eight FAQs about preparing your data.
According to documents recently filed with the Office of Management and Budget, the Equal Employment Opportunity Commission is moving forward with the collection of 2024 employment data.
The tentative filing period for 2024 EEO-1 Reports will begin on May 20 and close at 11 p.m. Eastern on June 24. The EEOC notes in the proposed Instruction Booklet for 2024 that the final dates will be posted on its website. Employers “are strongly advised” to check the site for updates regarding the filing cycle as well as the data collection itself.
Not surprisingly, the EEOC is requesting the OMB to approve a “non-substantive” change to the filing process to comply with Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government. This Executive Order requires that any federal form seeking an individual’s sex will not request gender identity. In alignment with this EO, the EEOC proposes to discontinue the option for employers to designate nonbinary individuals in the form’s comment section.
More surprising is the EEOC’s continued requirement that certain federal contractors file the EEO-1 Report. Generally, all employers with 100 or more employees are required to file the EEO-1 Report annually. In addition, some federal contractors with 50 or more employees have also been covered by the filing obligation. Executive Order 11246 — which was revoked on January 21 — was the authority on which the requirement for contractors was based.
The EEOC’s proposed Instruction Booklet continues to require contractors to file the report and relies on Executive Order 11246 and its implementing regulations as authority for the requirement. Given the rescission of Executive Order 11246 and the closing of the 90-day window during which contractors could continue to comply with its regulatory scheme, many assumed that contractors with 50 to 99 employees would no longer be required to file the report.
The EEOC’s proposed Instruction Booklet does not mention the rescission of Executive Order 11246 or even address this obvious contradiction. Contractors that have 50 to 99 employees should continue to monitor the EEOC’s website for additional updates and guidance.
Eight FAQs
The EEOC’s proposed Instruction Booklet is largely consistent with last year’s, but here are some FAQs addressing common issues.
No. 1: How do employers determine whether an “establishment” is separate and requires its own report?
The instructions define an establishment as “a single physical location where business is conducted or where services or industrial operations are performed.” Establishments at different physical locations must be reported separately.
No. 2: Should establishments outside of the United States be included?
No, only establishments located in the 50 states and the District of Columbia should be reported.
No. 3: What is the snapshot period for which employees must be reported?
Employers may select any pay period between October 1 and December 31, 2024. Employees who were employed during the selected snapshot period must be included in the EEO-1 Report.
No. 4: What if the employee count fluctuates during October 1 and December 31, 2024, and falls both above and below the employee threshold?
If an employer meets the employee threshold at any time during the fourth quarter of 2024, it may not select a workforce snapshot where the employee count falls below the threshold in an effort to avoid the filing requirement.
In other words, if an employer has 100 employees (or a covered contractor has 50 employees) at any time between October 1 and December 31, 2024, but its workforce count falls below that threshold during that same time period, the employer must still file the EEO-1 Report.
No. 5: How are remote employees counted?
Employees who work remotely must be included in the establishment to which they report. If a remote employee is not assigned to a location, the individual should be counted at the establishment to which the employee’s manager is assigned. If both the employee and the employee’s manager work remotely, they should both be included in the headquarters report. (The instructions do not indicate that it would also be appropriate to include them in the establishment where the manager’s boss is assigned.)
No. 6: Do employers need to report a client’s site as an “establishment”?
Not yet, but the EEOC says that this will be a requirement for the 2025 reporting cycle. Currently, employers have the option of using the client’s address or including them with the employer establishment to which they report.
No. 7: What if an employer experienced an acquisition, merger, or spinoff during 2024?
The EEOC requires employers to report organizational changes through its “EEO-1 Component 1 Online Filing System.” If an employer experienced any such change, the instructions should be reviewed thoroughly to ensure correct reporting.
No. 8: The EEOC’s proposed filing window seems short. Will the Commission provide extensions?
The filing window of approximately one month is shorter than the three-month period typically provided in years past. The EEOC has not yet announced the final dates, so the current period may change. However, the Instruction Booklet says that after the June 24 deadline passes “no additional 2024 EEO-1 Component 1 report(s) will be accepted, and all eligible employers will be out of compliance with their mandatory 2024 EEO-1 Component 1 filing obligations.” (Emphasis in original).
The EEOC has previously extended the filing deadline, but employers are well advised to start preparing their data now. They should also plan to file their reports well before the final days of the reporting period. The filing site has historically been bogged down in the home stretch due to the heavy volume of last-minute filers.
