New England Biz Law Update
The EEOC has published additional guidance to clarify requirements related to the 2022 EEO-1 Component 1 data collection.
With EEO-1 form submissions due by Dec. 5, employers should review their reporting processes to ensure data is complete, accurate and aligned with emerging guidance around the following:
Terminated employees: The guidance confirms that terminated employees should still be included in an employer’s EEO-1 Component 1 report if they were employed during the selected workforce snapshot period in Q4 2022. The determining factor is whether an employee was working at any point during that snapshot period rather than their status after that period.
Remote employees: Remote employees and teleworkers should be categorized under the specific establishment to which they report. If there is no designated office assignment, remote staff can be counted under the employer’s headquarters. Under no circumstances should an employee’s home address be reported.
Multiple establishments: A multi-establishment employer must submit three types of EEO-1 reports: a consolidated report, a headquarters report, and establishment-level reports. The consolidated report will be auto populated by the headquarters and establishment reports, and organizations will not be able to edit the consolidated report directly.
The guidance clarifies that any business with more than one establishment where business is conducted is considered a multi-establishment employer, i.e., bank branches at separate physical locations are considered separate establishments. Additionally, subsidiaries operating at the same address but with different EINs must also submit separate establishment-level reports.
Non-binary employees: The guidance permits employers to voluntarily submit demographic data for non-binary employees who do not identify as exclusively male or female. This voluntary data can be provided in the comments section rather than the binary gender categories.
