EEOC Will Discontinue EEO-1 Type 6 Establishment List Reports

On January 6th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced they will discontinue EEO-1 Type 6 Establishment List Reports. Specifically, the discontinued items affect employee data reporting for establishments with less than 50 employees. Indeed, the announcement follows the agency’s efforts to modernize EEO data collections by improving the quality of collected data. Earlier, on  December 14th, 2021, the EEOC provided updated guidance clarifying when COVID-19 qualifies as a disability.

Overview of EEO-1 Component 1 Data Collection

An EEO-1 Component 1 Report is a mandatory annual data collection for eligible employers. Employers are required to file the report under section 709(c) of Title VII of the Civil Rights Act of 1964. Chiefly, the report applies to private employers with 100 or more employees and federal contractors with 50 or more employees. In brief, the EEOC uses the report to collect demographic workforce data including:

• race or ethnicity,
• sex, and
• job categories.

EEOC To Discontinue EEO-1 Type 6 Reports

Beginning with the 2021 EEO-1 Component 1 data collection, which is tentatively scheduled to open on April 12th, 2022, the agency will discontinue EEO-1 Type 6 Establishment List Reports. Henceforth, all filers reporting demographic data for establishments with fewer than 50 employees must use Type 8 Establishment Reports. Additionally, the tentative deadline to file the 2021 EEO-1 Component 1 Report is May 17th, 2022.

Improvements to Employee Data Collection

Previously, eligible multi-establishment filers could submit either a Type 8 or a Type 6 Establishment List Report. Notably, the Type 6 Report required filers to submit the establishment name, address, and total number of employees. However, it did not require employee data by race/ethnicity, sex, and job category. Consequently, eligible establishments needed to manually enter employee data in the Type 2 Consolidated Report. Comparatively, a single Type 8 Report for eligible establishments will streamline the reporting process and support the agency’s mission by:

• collecting more accurate demographic data,
• preventing and remedying unlawful employment discrimination, and
• advancing equal opportunity in the workplace.

Additional Information

Accordingly, the EEOC notified filers who previously submitted a Type 6 Report for the 2019/2020 EEO-1 Component 1 data collections. Therefore, filers for eligible establishments may prepare for the changes occurring for the 2021 reporting cycle. Filers on behalf of such establishments may access more information from the agency’s EEO-1 Fact Sheet. Finally, resources and additional instructions will be emailed to filers ahead of the opening for 2021 data collection.