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EEOC delays EEO-1 Report collection to 2021

May 2020 employment law letter
Authors: 
H. Juanita Beecher, Fortney & Scott, LLC

On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) announced that it would delay until 2021 the collection of the 2019 EEO-1 Component 1 Report because of the COVID-19 pandemic. The agency will collect both the 2019 and 2020 EEO-1 reports in March 2021. The announcement in the May 8, 2020, Federal Register also stated it would push back its collection of EEO-3 and EEO-5 surveys to 2021 as well:

In light of the Coronavirus Disease 2019 (COVID-19) public health emergency, and consistent with delays in Federal reporting requirements across the government and other actions taken to relieve employers of unnecessary burdens during this crisis, the Commission is delaying the anticipated opening of the 2019 EEO-1 Component 1 and the 2020 EEO-3 and EEO-5 Data Collections to a time when the agency anticipates that filers will have resumed more normal operations.

In addition to delaying the collection of the EEO-1 Component 1 Report, the EEOC in its March 3, 2020, Federal Register notice requesting renewal of the EEO-1 Report also stated it was allowed to share EEO-1 data with state and local fair employment practices agencies (FEPAs) only as follows:

The EEOC's current practice is to share EEO-1 data with a contracted FEPA only upon request and to share only EEO-1 data for an employer within the FEPA's jurisdiction and only when that employer is a respondent to a particular charge of discrimination cited by the FEPA in its data request.

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