Labor & Employment Law Daily EEOC delaying EEO-1, 3, and 5 data collections due to COVID-19
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Monday, May 11, 2020

EEOC delaying EEO-1, 3, and 5 data collections due to COVID-19

By WK Editorial Staff

EEO-1, EEO-3, and EEO-5 filers, which include private sector employers, local referral unions, and public elementary and secondary school districts, are dealing with unique and urgent issues, the agency said.

The EEOC is delaying the opening of its 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections due to the COVID-19 public health emergency, according to a notice scheduled for publication in the Federal Register May 8. Pending approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA), the EEOC anticipates that it will begin collecting the 2019 EEO-1 Component 1, along with the 2020 EEO-1 Component 1, in March 2021. The federal antidiscrimination agency expects to begin collecting the 2020 EEO-3 and EEO-5 in January 2021.

The EEO surveys collect data from employers in different sectors of the workforce. The EEOC was planning to open the following EEO surveys in 2020: the 2019 EEO-1 Component 1 (Employer Information Report); the 2020 EEO-3 (Local Report); and the 2020 EEO-5 (Elementary-Secondary Staff Information Report).

COVID-19 delay. But in light of the COVID-19 public health emergency, and consistent with delays in federal reporting requirements across the government and other actions taken to relieve employers of unnecessary burdens during this crisis, the Commission is delaying the anticipated opening of the 2019 EEO-1 Component 1 and the 2020 EEO-3 and EEO-5 data collections to a time when it thinks filers will have resumed more normal operations. EEO-1, EEO-3, and EEO-5 filers should begin preparing to submit data in 2021.

Filers of the EEO-1, EEO-3, and EEO-5, which include private sector employers, local referral unions, and public elementary and secondary school districts, are dealing with unique and urgent issues, the EEOC said. Delaying the collections until 2021 will ensure that EEO filers are better positioned to provide accurate, valid, and reliable data in a timely manner.

Revised collection dates. On March 23, 2020, the EEOC submitted the EEO-1 Component 1 information collection to the OMB for approval under the PRA. Pending approval by the OMB, the Commission expects to begin collecting the 2019 and 2020 EEO-1 Component 1 in March 2021. The EEOC will notify filers of the precise date the surveys will open as soon as it’s available. The EEOC expects to begin collecting the 2020 EEO-3 and the 2020 EEO-5 in January 2021, and will likewise notify filers of the precise date when it becomes available.

The EEOC made clear that in addition to updates on its website, the agency will be reaching out directly to EEO-1, 3, and 5 filers about the delayed opening of the surveys.

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