HR Management & Compliance

Two Deadlines Approaching for Federal Contractors, Subcontractors, Others

Two deadlines for federal reports and certifications are quickly approaching. Read on to learn whether you’re covered and what you must do to stay in compliance.

EEO-1 Report deadline

2021 EEO-1 Report

In early April 2022, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2021 EEO-1 Component 1 data collection, meaning the following federal contractors and private employers can now file their report:

  • Federal contractors and first-tier subcontractors with 50 or more employees and a federal government contract/subcontract amounting to $50,000 or more; and
  • Private employers with 100 or more employees.

The deadline to file the 2021 EEO-1 Report is May 17, 2022, but the EEOC recently indicated employers will still be able to turn in their reports during the “failure to file” phase, which runs until June 21, 2022. “This additional time . . . will be available to ALL filers who have not submitted their . . . reports by the May 17 published deadline,” the agency said.

To meet the deadline, the EEOC strongly encourages eligible filers to begin the process as soon as possible. The report must be submitted using the agency’s online filing system.

OFCCP Contractor Portal Certification

Supply and service federal contractors and subcontractors (1) holding a federal government contract/subcontract amounting to $50,000 or more and (2) employing 50 or more employees must register and certify they’re meeting the requirement to develop and maintain applicable annual affirmative action programs through the Office of Federal Contractor Compliance Programs (OFCCP) contractor portal. The deadline is June 30, 2022.

Though the certifications aren’t due until June 30, covered contractors/subcontractors are strongly encouraged to register immediately through the OFCCP contractor portal even if they aren’t prepared to provide the requisite certifications for each establishment and/or functional/business unit, as applicable, at the present time. Don’t wait until June 30 to provide the required information because of potential issues with the portal caused by high-volume usage.

Takeaway

If you are a federal contactor or employer with questions, please don’t hesitate to contact your attorney with questions.

Ryan A. Olson is an attorney with Felhaber Larson in Minneapolis, Minnesota. You can reach him at rolson@felhaber.com.