Hiring complianceRead at source, 30 September 2026
EEO-1 Reporting Requirements: Who Has to File, What’s Due, and When
Private employers covered by Title VII with 100 or more employees must file an EEO-1 Component 1 report with the EEOC every year, counting their workforce by job category, sex and race or ethnicity. On 30 September 2026, eeoc.gov says the 2024 collection is closed and that updates on the 2025 collection “will be posted to this page as they become available.” No opening date or deadline has been published. The last deadline was 24 June 2025. In July 2026 the EEOC proposed eliminating the report; until a final rule is issued, the requirement stands.
Who has to file an EEO-1: the 100-employee rule
The rule is one sentence in 29 CFR 1602.7: every employer “that is subject to title VII of the Civil Rights Act of 1964, as amended, and that has 100 or more employees shall file” the Employer Information Report EEO-1 (Standard Form 100).
The 2024 Instruction Booklet says you count full-time and part-time employees during one pay period you choose in the fourth quarter, 1 October to 31 December: the “workforce snapshot period.”
Single-establishment and multi-establishment employers
An establishment is a physical location: a store, warehouse, factory, farm or office. One location means one report; more than one means you report every location, however small.
Integrated enterprises: under 100 can still mean you file
A company under 100 must still file if it shares ownership, control or management with other employers so that together they form an integrated enterprise of 100 or more. The booklet’s own example: a parent with 30 employees that owns two subsidiaries of 35 each is one enterprise of 100 and files for both subsidiaries.
What changed for federal contractors
A second group has filed: federal contractors with 50 or more employees. That rule is not in the EEOC’s regulation but in OFCCP’s 41 CFR 60-1.7(a), issued under Executive Order 11246: a prime contractor or first-tier subcontractor with 50 or more employees and a contract of $50,000 or more.
- 21 January 2025: Executive Order 14173 revoked Executive Order 11246.
- 21 August 2026: the Department of Labor published a final rule rescinding the EO 11246 regulations, including 41 CFR part 60-1, effective 26 October 2026. On 60-1.7 the rule says the Department is rescinding it “solely to the extent that they are codified in the E.O. 11246 regulations. This final rule does not impact EEOC’s actions with respect to the EEO–1 report.”
The EEOC has not updated its own wording to match. On 30 September 2026, its EEO Data Collections page still describes the EEO-1 as required of “all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria,” citing EO 11246 and 60-1.7(a) as authorities. No 2025 instructions have been published to settle it.
Where that leaves a contractor with 50 to 99 employees: the rule’s source is revoked and its regulation goes on 26 October 2026, but the EEOC’s page has not changed. At 100 or more you file either way, under Title VII. Below 100, watch for the 2025 Instruction Booklet and ask counsel before deciding not to file.
The contractor rules that survive (VEVRAA and Section 503) are in our OFCCP job posting requirements guide.
The EEOC’s proposal to end the EEO-1
On 21 July 2026 the Commission voted to propose rescinding the EEO-1 and the other EEO reports. The proposed rule (published 23 July 2026, comments closed 24 August) would remove 29 CFR 1602.7. As of 30 September 2026 no final rule has been published, and the EEOC says it “will carefully consider all public comments and relevant data before making any final determination.”
What the EEO-1 report collects
Component 1 is a headcount table. Each employee in the snapshot period goes in exactly one cell: one of 10 job categories, by sex, by race or ethnicity (seven categories, including Hispanic or Latino and Two or More Races). There are no pay figures: the pay-data “Component 2” the EEOC added in 2016 was dropped when it renewed the report in 2020.
| Category | Examples the booklet lists |
|---|---|
| Executive/Senior Level Officials and Managers | CEOs, COOs, CFOs, heads of business lines; those within two reporting levels of the CEO |
| First/Mid-Level Officials and Managers | Directors, branch managers, operations and production managers, first-line managers |
| Professionals | Accountants, engineers, registered nurses, physicians, teachers |
| Technicians | Drafters, emergency medical technicians, chemical technicians |
| Sales Workers | Retail salespersons, counter and rental clerks, cashiers |
| Administrative Support Workers | Bookkeepers, dispatchers, shipping and receiving clerks, general office clerks |
| Craft Workers | Carpenters, electricians, plumbers, roofers, automotive mechanics |
| Operatives | Machine operators, assemblers; truck, bus or taxi drivers; forklift operators |
| Laborers and Helpers | Construction laborers, freight, stock and material movers, vehicle and equipment cleaners |
| Service Workers | Cooks, janitors, guards; medical assistants and other healthcare support positions |
Filing window and deadline for the current collection
The EEOC sets dates collection by collection. As of 30 September 2026:
| Collection | Snapshot period | Status |
|---|---|---|
| 2024 data | A pay period you chose, 1 October to 31 December 2024 | Opened 20 May 2025; deadline Tuesday 24 June 2025; now closed |
| 2025 data | A pay period you chose, 1 October to 31 December 2025 | Not open. eeoc.gov: “Updates regarding the 2025 EEO-1 Component 1 data collection will be posted to this page as they become available.” No date published |
The regulation’s text still says reports are due “on or before September 30” each year, but in practice the EEOC fixes each collection’s dates in its announcement and booklet. The 2024 collection ran five weeks and the EEOC said it “will not extend beyond” the published due date.
Your 2025 snapshot period is already behind you, so keep the Q4 2025 data ready in case the collection opens at short notice.
How to file: the online system and the report types for multi-site employers
Reports are filed only through the EEOC’s EEO-1 Component 1 Online Filing System (OFS); paper and email are not accepted, and a report is incomplete until your certifying official certifies it. That official must be your own employee: a PEO or other outside HR provider may prepare the data but may not certify it.
Multi-establishment filers will see old “Type” numbers in templates and older guidance. The 2024 booklet renamed them:
| Former name | Current name | Who files it |
|---|---|---|
| Type 1 | Single-Establishment Employer Report | Employers with one location |
| Type 2 | Consolidated Report | Multi-establishment employers; the system generates it from the other reports |
| Type 3 | Headquarters Report | Multi-establishment employers, for the main office and remote staff reporting to it |
| Types 4, 6 and 8 | Establishment-Level Report | Multi-establishment employers, one per non-headquarters location of any size |
Penalties and what happens if you miss it
The EEOC’s regulations set no fixed-dollar fine. The consequences:
- A court order. Under 29 CFR 1602.9, an employer “failing or refusing” to file may be compelled to file by order of a U.S. District Court on the Commission’s application.
- No late filing. Reports are not accepted after the published due date, and a missed cycle cannot be filed later.
- False statements. The certification warns that knowingly and willfully false statements are punishable under 18 U.S.C. 1001.
- Contract risk, until 26 October 2026. For contractors, 41 CFR 60-1.7(a)(4) treats a failure to file as noncompliance with the equal opportunity clause.
An undue-hardship exemption can be requested in writing by the due date; it is not an extension.
Hourly and frontline workforces: where the EEO-1 gets hard
The EEO-1 assumes a stable headcount. Frontline employers hit four problems.
Seasonal peaks and the snapshot
Holiday retail, warehouse peak and harvest crews land in the fourth quarter. An employer that meets the threshold at any time in the fourth quarter may not choose a snapshot period in which it falls below. If you hit 100 in the week before Christmas, you file. The snapshot also counts part-time staff and anyone employed at any point in the pay period, even if they left during or after it.
Agency temps and leased workers
An employee is anyone on your payroll for Social Security withholding. Agency temps working under your direction are not in your count; leased employees are reported by the leasing agency.
Mapping frontline job titles
Pick the category that best reflects the job actually done:
- Truck drivers (CDL-A, CDL-B, delivery): Operatives — the booklet lists “truck, bus or taxi drivers.” Dispatchers are Administrative Support Workers.
- CNAs, caregivers and aides: Service Workers, which include “medical assistants and other healthcare support positions.” Registered nurses are Professionals.
- Technicians: EMTs are Technicians; automotive mechanics and electricians are Craft Workers.
- Warehouse: forklift operators and packers are Operatives; material movers and general laborers are Laborers and Helpers.
Set the mapping once in your HRIS by job code. New hire reporting requirements are a separate state filing; the rest is indexed on our hiring compliance hub, and job-ad wording is on the EEO statement page.
Frequently asked questions
Who has to file an EEO-1 report?
Private employers covered by Title VII with 100 or more employees during a fourth-quarter pay period, under 29 CFR 1602.7, and smaller companies in an integrated enterprise of 100 or more. eeoc.gov still also lists federal contractors with 50 or more employees, a rule whose regulation is removed on 26 October 2026.
When is the EEO-1 due this year?
As of 30 September 2026 the EEOC has published no date. Its data collections page says updates on the 2025 collection will be posted as they become available. The 2024 report was due 24 June 2025. The EEOC has proposed eliminating the report; no final rule has been issued.
Do federal contractors with 50 employees still file an EEO-1?
Unsettled. The rule comes from 41 CFR 60-1.7, which the Department of Labor rescinds effective 26 October 2026 after EO 11246 was revoked. But eeoc.gov still lists contractors with 50 or more employees, and no 2025 instructions exist. Contractors with 100 or more file regardless; below 100, ask counsel.
What is EEO-1 Component 1?
The annual workforce demographic report: a count of your employees in a fourth-quarter pay period by 10 job categories, sex, and race or ethnicity. It contains no pay data; Component 2, a pay collection added in 2016, was dropped in 2020.
Is EEO-1 filing required for companies under 100 employees?
Usually not. The exceptions are a company in an integrated enterprise (common ownership, control or management) totaling 100 or more, and, on eeoc.gov’s current wording, federal contractors with 50 or more employees meeting certain criteria.
What happens if you don't file the EEO-1?
There is no set fine. Under 29 CFR 1602.9 the EEOC can ask a federal court to order you to file. Late reports are not accepted and a missed year cannot be filed later. Knowingly false statements are punishable under 18 U.S.C. 1001.
How do you count employees for the EEO-1?
Pick one pay period between 1 October and 31 December and count every full-time and part-time employee on your payroll during it, including people who left during or after it. Agency temps are excluded; leased employees are reported by the leasing agency.
Which job category do truck drivers and CNAs go in on the EEO-1?
Truck drivers are Operatives: the 2024 Instruction Booklet lists “truck, bus or taxi drivers” there. CNAs are Service Workers, which include “medical assistants and other healthcare support positions.” Registered nurses are Professionals.
Headcount going up? Fill the roles first
Boostpoint is recruitment marketing software that turns your open frontline jobs into Facebook and Instagram ads, builds and optimizes the campaigns, and delivers applicants into your ATS — with a customer success team there to support you.
Book a DemoSources: EEOC, EEO Data Collections; 29 CFR 1602.7, 1602.9; 41 CFR 60-1.7; EEOC 2024 EEO-1 Component 1 Instruction Booklet; EEOC releases of 20 May 2025 and 21 July 2026; 91 FR 46332 (proposed rule); EO 14173, 90 FR 8633; 91 FR 54444 (DOL final rule). This is general information, not legal advice — confirm with counsel or the EEOC. Last verified 30 September 2026. Read at source 30 September 2026.