EEOC Delays EEO-1 Filing Deadline Until Fall 2023: Key Points and Vets-4212 Report Updates

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a significant delay in the filing deadline for the EEO-1 Component 1 data collection, which primarily concerns government contractors. This adjustment is poised to affect a substantial number of organizations across the nation. Consequently, it is essential to understand what this means for organizations that fall under the EEO-1 filing jurisdiction and those who are responsible for their compliance requirements.

The EEOC had initially planned to open its data collection portal in mid-July 2023. However, due to recent developments, the anticipated deadline for EEO-1 filing has been pushed back to the fall of 2023. This decision primarily affects government contractor organizations with at least 50 employees and a contract or subcontract amounting to $50,000 or more. This extends to construction employers, while academic institutions, along with state and local governments, are exempt from EEO-1 filing.

The EEOC’s recent announcement comes as part of their efforts towards the mandatory, three-year renewal of the EEO-1 Component 1 data collection, as obligated by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). As a result of this ongoing process, the EEOC has adjusted the tentative commencement of the 2022 EEO-1 Component 1 data collection to the fall of 2023. Any forthcoming updates related to the 2022 EEO-1 Component 1 data collection, including the confirmed start date and the opening of the Filer Support Message Center, will be promptly updated on the EEOC’s official website.

The delayed opening of the EEOC filing portal could result in government contractor organizations dealing with their EEO-1 data uploads simultaneously with their VETS-4212 form submissions. The latter is due by September 30, and traditionally, the Department of Labor opens its filing portal after August 1. In anticipation of this potential overlap, some organizations might consider pre-emptively reviewing and configuring their upload files to avoid last-minute convergence of filing deadlines.

Regarding the VETS-4212 filing, employers have the option to use a December 31 end date to collate their data, although the instruction booklet and Frequently Asked Questions (FAQs) suggest selecting a date between July 1 and August 31 that aligns with the conclusion of a payroll period. The VETS-4212 filing requirement is applicable to organizations with contracts or subcontracts of $150,000 or more, including construction companies. The filing requirement covers all entities, irrespective of the number of employees. Like the EEO-1, the VETS-4212 filing does not extend to state and local governments. However, unlike the EEO-1, it does apply to academic institutions.

These recent adjustments to the filing deadlines and procedures might appear daunting for those tasked with ensuring compliance. If you are seeking assistance with your EEO-1 and VETS-4212 filings in light of these changes, please don’t hesitate to reach out. Our team is ready and willing to support you through this process, helping your organization meet its obligations effectively and efficiently.

If you would like Kairos to review your reports and compare them to your AAPs for consistency, please let us know as soon as possible. Kairos Services also offers EEO-1 and Vets-4212 report preparation and filing services. If you would like us to prepare and submit your reports this year, please email or call for a quote today.