What is the EEO-1 Report?
The EEO-1 Report is a compliance survey required by the federal Equal Employment Opportunity Commission (EEOC). The survey requires certain companies (based on the number of employees and/or federal contract activities) to report employment data categorized by race/ethnicity, gender, and job category.
Do all companies have to complete the EEO-1 Report?
No. Most small businesses do not have to complete the EEO-1 survey. However, according to EEOC criteria, companies with 100 or more employees have to complete the survey, as do enterprises of related entities with 100 or more employees combined between the entities. Additionally, companies with 50 or more employees have to file if they are a federal contractor.
How do I determine if my company is required to complete the EEO-1 report?
Per EEOC guidelines, select a single pay period from October 1 - December 31, 2021 (the “Snapshot Period”) and determine if your company meets the employee count and (if applicable) federal contractor status requirements for that Snapshot Period. For more information, consult the EEOC’s guidance.
Does Justworks report on behalf of my company?
No. In early February 2022, the EEOC released new guidance that requires PEO customers to take on additional responsibilities pertaining to the reporting of EEO-1 data. Some of these new requirements include needing to set up company-specific accounts and certifying their individual reports. Additionally, the EEOC has removed the ability for PEOs or other third-party organizations to file in the aggregate on behalf of client employers as has been permitted in past years. Due to these new requirements, Justworks cannot file the 2021 EEO-1 report for customers.
That being said, we still have your back, and will provide you with resources to help you submit this report for your company.
How will Justworks help me to file my report?
Ahead of the EEO-1 Reporting deadline, Justworks will provide you with formatted data to assist you with the submission. It’s important to note that Justworks cannot provide you with supporting resources unless you (or your employees) have made a selection for each employee for job category, gender, and race/ethnicity. Provided you do not opt out of Justworks’ data collection, we will help facilitate the collection of this data by sending your employees a survey to self-identify their race/ethnicity and gender and providing a form for your admins to provide job category status and complete any missing information.
What if I don’t want Justworks to send the employee survey to my employees?
Justworks has provided all customers that appear to meet the EEO-1 reporting requirements to opt out of Justworks’ data collection should they wish to compile this information outside of Justworks or otherwise determine that they are not required to file a 2021 EEO-1 Report. Please note that Justworks will not provide reporting assistance to any company that opts out of Justworks’ data collection process, nor will we be able to assist with California Pay Data reporting (if applicable).
Is the survey mandatory for employees?
This survey is voluntary for employees, but all employees must be provided an opportunity to self-identify their race/ethnicity and gender. If your company appears to meet the filing criteria set forth by the EEOC, we will contact your employees directly and ask them to complete the survey in the Justworks platform, provided you do not opt out of Justworks’ data collection.
What if my employees choose not to complete the survey?
If one or more of your employees do not self-identify their gender or race/ethnicity by completing the survey, your company is still required to include such information about each employee in the EEO-1 Report. To do so, you can use existing employment records or other permitted means to do so.
Who decides what categories are included in the EEO-1 survey?
The categories and definitions are established by the federal government’s requirements and other guidance. Justworks understands that identity is personal and that these options may not necessarily best represent you or your employees. You can learn more about the different categories here.
What is a snapshot period and what is it for 2021?
The snapshot period is a time period in which companies use to extract EEO-1 employment data. Employment data must be pulled from one pay period in October, November or December of the current survey year.
This means the following:
The company must meet the EEOC criteria during the lookback period.
Justworks is collecting data of employees that are within that lookback period.
Justworks will default to the lookback period 12/19/2021-12/25/2021 for the 2021 filing year, unless you told us otherwise during the data collection period.
What is the deadline for submitting the EEO-1 report?
The portal opened on April 12, 2022 and the published deadline for submission is May 17, 2022. However, the EEOC confirmed that PEO customers who do not file by this date should file their 2021 EEO-1 Component 1 report(s) as soon as possible thereafter and no later than Tuesday, June 21, 2022, after which date no additional reports will be accepted. Employers who do not meet the initial May 17, 2022, deadline may receive a notice from the EEOC with instructions regarding the secondary deadline. For more information on the deadline, the EEOC addresses this in their Filer Support Center here.
Will my company have to register as first-time filers on the EEOC website or does Justworks handle this registration?
For the 2021 filing year, companies will need to register for accounts with the EEOC if they do not already have one. This is because Justworks is no longer permitted as a PEO to file in the aggregate for our customers according to the recent EEOC guidance changes. The account will need to be opened in order for you to file your 2021 EEO-1 Report.
When registering for your account, you may be asked for the name of the most recent PEO that filed for your company. If this is Justworks, you should enter in our full entity name which is Justworks Employment Group LLC.
My company has related entities under common ownership, do I need to create a separate account for each company?
No, you should only create an account for your parent company’s headquarters. The parent company is responsible for filing for all its subsidiaries and establishments/locations under the parent company’s company ID.
I submitted my EEO-1 Report and was notified of an error. How do I resolve the issue?
Because the report is being submitted under your company’s individual account number, you will need to work with the EEOC directly to resolve the problem. Justworks is unable to contact the EEOC on your behalf. The EEOC provides more detail on the EEO-1 reporting process here.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.