Last week, we posted Two Approaching Deadlines for Federal Contractors and Subcontractors, which, in part, addressed the deadline for covered employers to file the 2021 EEO-1 Component 1 Report. A new FAQ issued by the EEOC, however, indicates that covered employers will be allowed to file their Report after the May 17, 2022 deadline during the “failure to file” phase, which extends from May 17 – June 21, 2022. Specifically, the FAQ states as follows:
What happens once the Tuesday, May 17, 2022 deadline passes? Will I still be permitted to submit my 2021 EEO-1 Component 1 Report(s) if I have been unable to do so by the May 17, 2022 published deadline?
Yes. Following the May 17, 2022 published deadline, the EEOC will enter the “failure to file” phase. All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by the Tuesday, May 17, 2022 published deadline will receive a notice of failure to file instructing them to submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, through Tuesday, June 21st, 2022, will be available to ALL filers who have not submitted and certified their 2021 EEO-1 Component 1 Report(s) by the May 17, 2022 published deadline
Please be advised that AFTER the June 21, 2022 deadline passes, NO additional 2021 EEO-1 Component 1 Reports will be accepted, and eligible filers will be out of compliance with their mandatory 2021 EEO-1 Component 1 filing obligation.
Historically, covered employers have been unable to post their EEO-1 Report after the deadline. Accordingly, though covered employers should diligently prepare their 2021 EEO-1 Component 1 Report with the goal of complying with the deadline, the FAQ may provide covered employers some comfort knowing they will have an additional 35 days to file the Report if necessary.