EEO-1 Reporting Window Expected to Open May 20, 2025

Applies to: All Private Employers with 100+ Employees or Federal Contractors with 50+ Employees
Effective: May 20, 2025

Discussion

The Equal Employment Opportunity Commission (EEOC) has finally taken steps to move forward with the 2024 EEO-1 Component 1 data collection by submitting documents for approval with the White House Office of Management and Budget (OMB). As part of the EEOC’s submissions, and buried in the OMB’s View Information Collection, the EEOC has proposed a new 2024 EEO Component 1 Instruction Booklet for approval that, if accepted, will alter some employer reporting obligations. A summary of the EEOC’s proposals is set forth below.

Shortened Reporting Period

The proposed 2024 Instruction Booklet provides for a shortened reporting period of five weeks, with the data collection platform opening on May 20, 2025, and closing on June 24, 2025. This means employers should start gathering their data now, to ensure they are prepared to file reports during the shortened period. Employers should continue to monitor developments as final opening and closing deadlines are expected to be published on the EEOC’s website.

Reporting Requirements for Federal Contractors

In January, President Trump signed Executive Order 14173, revoking Executive Order 11246 and OFCCP regulations enforcing Executive Order 11246. Nevertheless, the EEOC’s proposed Instruction Booklet for 2024 EEO-1 reporting provides that federal contractors with 50 or more employees are still required to file EEO-1 reports for the 2024 cycle. The proposed guidance does not address the implications of President Trump’s Executive Order 14173 on these reporting obligations, so employers should continue to monitor developments as the OMB reviews the proposed materials and finalizes the reporting obligations.

Changes to Reporting by Sex

As part of their filings, the EEOC is proposing “non-substantive” changes to the EEO-1 instructions to comply with Executive Order 14168, which mandates that agency forms list only “male” or “female” for sex, as opposed to reporting based on gender identity. This proposal seeks to remove the voluntary reporting option for “non-binary” employees from the EEO-1 instructions.

Employers will no longer have the option to submit non-binary employee data. For individuals who previously self-reported as “non-binary” during the 2024 reporting year, or if an employee refuses to self-identify with one of the two approved binary options, employers may need to perform a visual identification and provide their best response.

Other Non-Substantive Changes

The EEOC has proposed several other “non-substantive” changes to streamline the EEO-1 collection process for 2024. These include removing language about "Notice of Failure to File," eliminating references to postal mail notifications, updating instructions on undue hardship requests to reflect recent regulatory changes, and removing an inoperable link in Appendix B. These changes affect the instructions but not the EEO-1 collection instrument itself.

Action Items for Employers

1. Start gathering necessary employee data to prepare for timely submission.
2. Adjust reporting practices for employee sex data.
3. Have appropriate personnel trained on data collection and filing procedures.
4. Monitor regulatory updates for the finalized 2024 Instruction Booklet and reporting dates.
5. Consult with legal counsel regarding reporting obligations for federal contractor employers.

As federal policies evolve, rely on our team of compliance leaders to help you stay on top of key actions, pending legislation, and regulatory changes that may impact your organization. Visit OneDigital's resource page for real-time updates: Federal Policy Updates for Employers: What to Watch in 2025.