On May 7, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it will delay the opening of the 2019 EEO-1 Component 1 data collection, the 2020 EEO-3 data collection, and the 2020 EEO-5 data collection.

The EEOC was planning to open these surveys in 2020; however, the EEOC decided to delay the opening of these surveys as it has recognized the impact that the coronavirus public health emergency is having on employers across America.

It is not yet clear when employers must submit these surveys. However, the EEOC expects to begin collecting the 2019 and 2020 EEO-1 Component 1 in March 2021, and the EEOC expects to begin collecting the 2020 EEO-3 and the 2020 EEO-5 in January 2021. The EEOC will notify filers of the precise date the surveys will open as soon as that date is available.

As a reminder, the EEOC collects this workforce data from employers with more than 100 employees (lower thresholds apply to federal contractors). The data is used for a variety of purposes including enforcement, self-assessment by employers, and research. Employers meeting the reporting thresholds have a legal obligation to provide the data meaning that compliance is not voluntary.