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Employers who have at least 100 employees and federal contractors who have at least 50 employees are required to complete and submit an EEO-1 Report (a government form that requests information about employees job categories, ethnicity, race, and gender) to EEOC and the U.S. Department of Labor every year.
Title VII, the ADA, the PWFA, and GINA prohibit disclosure to the public of charges filed with the EEOC, and of information obtained in the agencys investigation of charges, prior to the institution of a proceeding under these statutes involving such information.
EEO-1 reporting is a mandatory annual filing with the Equal Employment Opportunity Commission (EEOC) that requires certain employers to provide demographic data on their workforce, including race, gender, and job categories. This report helps ensure compliance with federal anti-discrimination laws.
The litigation reached a critical juncture recently when a federal judge in California ruled that EEO-1 Reports are not protected from disclosure under Exemption 4 of the Freedom of Information Act, which protects confidential commercial information.
Filers should visit the dedicated EEO-1 Component 1 website at .eeocdata.org/eeo1 to access historic reports and review archived resource materials. Updates regarding the 2024 EEO-1 Component 1 data collection, including the opening date, will also be posted to .eeocdata.org/eeo1 as they become available.
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If a covered employer has not filed an EEO-1, the EEOC can issue a non-compliance finding, even if the underlying discrimination charge is unsubstantiated; this, in turn, can result in a conciliation process requiring additional compliance reporting and other non-monetary penalties.

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