2023 EEO-1 Component 1 Data Collection OMB Control Number: 3046-0049
Instruction Booklet Expiration Date: 11/30/2026
OVERVIEW OF THE EEO-1 COMPONENT 1 REPORT
Since 1966, the EEOC has required employers to submit workforce demographic data (EEO-1
Component 1) on an annual basis. All private employers that are covered by Title VII of the Civil
Rights Act of 1964, as amended (Title VII),
1
and that have 100 or more employees are required to
file workforce demographic data.
2
In addition, U.S. Department of Labor, Office of Federal
Contract Compliance Programs (OFCCP) regulations require certain federal contractors to file the
EEO-1 Component 1 if they have 50 or more employees and are not exempt as provided for by 41
CFR 60-1.5.
3
Under these authorities, private employers with 100 or more employees and federal contractors
with 50 or more employees and that meet certain criteria are required to report annually the number
of individuals they employ by job category
4
and by sex and race or ethnicity.
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These data are
currently collected electronically by the EEOC through a web-based data collection application
(i.e., portal) referred to as the EEO-1 Component 1 Online Filing System (OFS).
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Employers must
submit their data electronically to the OFS through either manual data entry or the upload of a data
file. The individual EEO-1 reports are confidential.
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EEO-1 data are used by the EEOC to
1
42 U.S.C. 2000e, et seq.
2
The EEOC’s EEO-1 regulation is at 29 CFR Part 1602 Subpart B. § 1602.7 requires eligible employers to file “…in conformity
with the directions set forth in the form and accompanying instructions.”
3
Pursuant to Executive Order 11246, OFCCP in 1978 issued its regulations describing the EEO-1 as a report “promulgated jointly
with” the EEOC and requiring certain contractors to submit “complete and accurate reports” annually. 41 CFR 60-1.7(a). OFCCP
obtains EEO-1 Component 1 reports for federal contractors and subcontractors (contractors) pursuant to its own legal authority
under E.O. 11246 and its implementing regulations. See id at 60-1.7(a)(1).
4
The 10 job categories are: Executive/Senior Level Officials and Managers; First/Mid-Level Officials and Managers;
Professionals; Technicians; Sales Workers; Administrative Support Workers; Craft Workers; Operatives; Laborers and Helpers;
and Service Workers.
5
The EEO-1 Component 1 uses federal race and ethnicity categories, which were adopted by the Commission in 2005 and
implemented in 2007. The seven race/ethnicity categories are: Hispanic or Latino – A person of Cuban, Mexican, Puerto Rican,
South or Central American, or other Spanish culture or origin regardless of race. White (Not Hispanic or Latino) – A person having
origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African American (Not Hispanic or
Latino) – A person having origins in any of the black racial groups of Africa. Native Hawaiian or Other Pacific Islander (Not
Hispanic or Latino) – A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Asian (Not
Hispanic or Latino) – A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand,
and Vietnam. American Indian or Alaska Native (Not Hispanic or Latino) – A person having origins in any of the original peoples
of North and South America (including Central America), and who maintain tribal affiliation or community attachment. Two or
More Races (Not Hispanic or Latino) – All persons who identify with more than one of the above five races. Please see Appendix
B of the Instruction Booklet for additional information on the EEO-1 Component 1 race and ethnicity categories.
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EEO-1 Component 1 filers may access the EEO-1 Component 1 Online Filing System (OFS) through the EEOC’s dedicated EEO-
1 Component 1 website at www.eeocdata.org/eeo1.
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All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(e) of Title VII
of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(e), as amended (Title VII) and may not be made public by the EEOC prior to
the institution of any proceeding under Title VII involving such information. Any EEOC employee who violates this prohibition
may be found guilty of a criminal misdemeanor and could be fined or imprisoned. The confidentiality requirements allow the EEOC
to publish only aggregated data, and only in a manner that does not identify any particular filer or reveal any individual employee’s
personal information. Because OFCCP obtains EEO-1 data for contractors under its own E.O. 11246 authority, some courts have
ruled that the Title VII prohibition against disclosure does not apply to OFCCP’s collection of EEO-1 data. See, e.g., United Techs.
Corp. v. Marshall, 464 F. Supp. 845, 851-52 (D. Conn. 1979); Sears Roebuck & Co. v. Gen. Servs. Admin., 509 F.2d 527, 529
(D.C. Cir. 1974). Accordingly, the EEO-1 Component 1 data of federal contractors received by OFCCP may be subject to potential
disclosure by OFCCP under the Freedom of Information Act (FOIA), although FOIA exemptions may prevent disclosure. For more
information, see the Department of Labor’s FOIA regulations at 41 CFR part 70 and frequently asked questions (Freedom of
Information Act (FOIA) Frequently Asked Questions | U.S. Department of Labor (dol.gov)) at
https://www.dol.gov/agencies/ofccp/faqs/foia
. With respect to other federal agencies with a legitimate law enforcement purpose
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