The EEOC Expands Lawsuits Against Employers Over Reporting Compliance

Employers with 100 or more employees and Federal contractors with 50 or more employees must file an EEO-1 with the EEOC, including information on race, ethnicity, and gender by job category. Employers count employees for purposes of this EEO-1 report during a “workforce snapshot period” between October 1 and December 31. The EEOC uses this workforce demographic data for many purposes, including enforcement, analytics and research, and employer self-assessment.

For decades, the EEOC has sued employers for violating nondiscrimination laws, including the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII, and the Genetic Information Nondiscrimination Act.

The EEOC routinely files hundreds of lawsuits each year. They have collected billions of dollars for violation of the nondiscrimination statutes. In FY 2020, the agency secured a record $535.4 million for workers subjected to discrimination. In fiscal year 2021, the agency secured more than $485 million in monetary relief for over 15,000 victims of employment discrimination. FY 2022, the agency obtained more than $513 million in monetary benefits for victims of discrimination, an increase from the previous fiscal year.

This has been the focus of the EEOC for decades. In June, The EEOC expanded its scope.

The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits against employers alleging that the companies failed to comply with the mandatory federal reporting requirements to submit Employer Information Report (EEO-1) Component 1 data. This indicates that they are expanding their legal efforts to include companies that fail to file the EEO-1 report. The 2023 EEO-1 reports were due on June 6th. Companies that missed that deadline still have time to meet their obligation, and the recent legal action getting compliant should be a priority.