We are often contacted by an employer that realizes, well after the filing deadline, that it failed to submit an annual EEO-1 Report to the Equal Employment Opportunity Commission (EEOC) / Joint Reporting Committee. Sometimes the employer has gone several years without filing an EEO-1 Report – maybe never. The typical first question asked by a sheepish human resources manager is what the consequences may be for failing to file an EEO-1 Report.

While there are specific statutory and regulatory consequences, those enforcement “teeth” are fairly weak against an employer that fails to file an EEO-1 Report. Perhaps the more real and meaningful consequence is a practical one of not having an EEO-1 Report to submit upon a federal agency’s demand: for example, during a federal contractor’s enforcement audit or during investigation of an employee’s/former employee’s discrimination charge.

How Does This Happen?

Despite the well-publicized nature of the national EEO-1 reporting program, every year some organi