COVID-19 and EEO-1 Reporting Delay

By: Miriam L. Rosen, McDonald Hopkins, PLC

As employers turn their attention to returning to work, they received news that at least one annual task will be off their plates for awhile.    On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) announced in a notice filed in the Federal Register that due to the COVID-19 pandemic it is delaying collection of the 2019 EEO-1 report that was to be filed in 2020.  Further, the EEOC requested approval to collect both 2019 and 2020 EEO-1 data beginning in the first quarter of 2021. Once the expected approval is received by the Office of Management and Budget, the EEOC’s announcement means that employers will not be required to submit their 2019 EEO-1 data during 2020.

In addition, after the EEOC’s push to collect wage information in late 2019 and early 2020, on March 23, 2020, the EEOC provided notice that it will end collection of Component 2 EEO-1 pay data.  The EEOC’s notice in the Federal Register states its plan to collect only traditional EEO-1 data on sex, race and ethnicity data over the next three years.  EEOC’s decision to end the Component 2 pay data collection was based on the conclusion that the data collection burden on employers outweighed the usefulness of the data as an analytical tool.  This conclusion comes as no surprise to employers who had to complete the cumbersome form.

For federal government contractors, some reporting obligations may remain, however.  The Veterans’ Employment & Training Service has not indicated yet whether the 2020 VETS-4212 will be due on September 30, 2020. In addition, the OFCCP continues to send notices for focused Section 503 and VEVRAA reviews that will occur over the coming months.  As a result, it is important for federal government contractors to maintain affirmative action compliance efforts even during the pandemic.

As the impact of the COVID-19 crisis continues to unfold, employers should continue to watch for announcements regarding new or delayed reporting requirements.

This article was written by Miriam L. Rosen, who is Chair of the Legal Affairs Committee of Detroit SHRM and Chair of the Labor and Employment Law Practice Group in the Bloomfield Hills office of McDonald Hopkins PLC, a full service law firm. She can be reached at or at (248) 220-1342. Additional articles addressing the many legal and operational concerns impacting businesses as a result of the coronavirus crisis can be found at:

Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. May 2020.