Brian Barger Comments on EEO-1 Reporting Requirements to SHRM

May 17, 2021

Charlotte labor and employment partner Brian Barger was quoted by the Society of Human Resource Management in a May 14, 2021, article on compliance tips for employers who must submit workforce demographic data to the federal government.

Businesses with 100 or more employees, and some federal contractors with at least 50 workers, are required to submit an annual EEO-1 form with information about number of employees, sorted by job category, race, ethnicity and gender.

Barger told SHRM that the data provide a snapshot of an employer’s demographic makeup to the federal government and to other parties if the reports are produced during agency reviews or private litigation. He recommended that employers “be diligent, but don’t overdo it,” noting that perfection is not required. Federal penalties are reserved for those making “willfully false statements,” he explained.

Barger also discussed state efforts to require employers to report compensation data. California was the first to enact such a law, which took effect this year. Illinois will begin collecting pay data in 2023. Similar legislation has been introduced in New York and Rhode Island.

“There will likely be many more to follow,” Barger said.