Labor & Employment Law Daily Wrap Up, EEOC NEWS—2024 EEO-1 Component 1 data collection is open, (May 21, 2025)

By Brandi O. Brown, J.D.

Acting Chair Lucas used it as the “opportunity” to tell employers “[t]here is no ‘diversity’ exception to Title VII’s requirements,” adding also that “[t]he EEOC is an executive branch agency, n ...

By Brandi O. Brown, J.D.

Yesterday, the EEOC announced the opening of the 2024 EEO-1 Component 1 data collection. In doing so, Acting Chair Andrea Lucas took the opportunity to remind employers of the EEOC’s new stances on DEI and disparate impact.

DEI. First, in her message to employers accompanying the collection, she points to recently released technical assistance and states:

“Your company or organization may not use information about your employees’ race/ethnicity or sex—including demographic data you collect and report in EEO-1 Component 1 reports—to facilitate unlawful employment discrimination based on race, sex, or other protected characteristics in violation of Title VII. Title VII’s protections apply equally to all workers, regardless of their race or sex. Different treatment based on race, sex, or another protected characteristic can be unlawful discrimination, no matter which employees or applicants are harmed. There is no ‘diversity’ exception to Title VII’s requirements.”

Disparate impact. The notice also reminds employers that President Trump ordered federal agencies, including the EEOC, to “deprioritize ‘disparate impact’ enforcement” and revoked approval of disparate-impact regulations. “The EEOC is an executive branch agency, not an independent agency. We will fully and robustly comply with this and all Executive Orders. Under my leadership, the EEOC will prioritize remedying intentional discrimination claims.”

The Acting Chair also indicates in her message that an employer should not voluntarily attempt to remedy disparate impacts identified in their data.

“In addition, please note that under existing law, the fact that a neutral employment policy or practice has an unequal outcome on employees of a particular race or sex—that is, has a ‘disparate impact’ based on race or sex—does not justify your company or organization treating any of your employees differently based on their race or sex. As noted above, you must not use the information collected and reported in your organization’s EEO-1 Component 1 report to justify treating employees differently based on their race, sex, or other protected characteristic. The EEOC remains committed to helping employers comply with their obligations under federal employment antidiscrimination laws.”

Deadline. The deadline to file the 2024 EEO-1 Component 1 report is Tuesday, June 24, 2025. After the Tuesday, June 24, 2025 “Published Due Date” passes, the EEOC notes, no additional 2024 EEO-1 Component 1 report(s) will be accepted, and eligible employers will be out of compliance with their mandatory 2024 EEO-1 Component 1 filing obligations.

News: AgencyNews Discrimination

Labor & Employment Law Daily Wrap Up, EEOC NEWS—2024 EEO-1 Component 1 data collection is open, (May 21, 2025)

By Brandi O. Brown, J.D.

DEI. First, in her message to employers accompanying the collection, she points to recently released technical assistance and states:

“Your company or organization may not use information about your employees’ race/ethnicity or sex—including demographic data you collect and report in EEO-1 Component 1 reports—to facilitate unlawful employment discrimination based on race, sex, or other protected characteristics in violation of Title VII. Title VII’s protections apply equally to all workers, regardless of their race or sex. Different treatment based on race, sex, or another protected characteristic can be unlawful discrimination, no matter which employees or applicants are harmed. There is no ‘diversity’ exception to Title VII’s requirements.”

The Acting Chair also indicates in her message that an employer should not voluntarily attempt to remedy disparate impacts identified in their data.

“In addition, please note that under existing law, the fact that a neutral employment policy or practice has an unequal outcome on employees of a particular race or sex—that is, has a ‘disparate impact’ based on race or sex—does not justify your company or organization treating any of your employees differently based on their race or sex. As noted above, you must not use the information collected and reported in your organization’s EEO-1 Component 1 report to justify treating employees differently based on their race, sex, or other protected characteristic. The EEOC remains committed to helping employers comply with their obligations under federal employment antidiscrimination laws.”

News: AgencyNews Discrimination