EEOC sues 15 employers, alleging they failed to file EEO-1 Component 1 data

The U.S. Equal Employment Opportunity Commission has filed lawsuits against 15 companies it says repeatedly failed to submit EEO-1 Component 1 data, including for reporting years 2022 and 2021. 

In announcing the lawsuits Wednesday, the commission named the alleged offenders:

  • Summit Racing Equipment
  • Boomerang Tube
  • Commodore Construction Corp.
  • Eastern Janitorial Services
  • Eissmann Automotive North America
  • Erickson Framing Operations LLC
  • Harrison Poultry, Inc.
  • Leonard’s Express
  • Lone Star Overnight
  • Driscoll Food
  • Nailor Industries of Texas
  • Performance Hospitality Management, LLC
  • Primary Aim LLC
  • Taylor Morrison, Inc.
  • Transdev Services, Inc. 

The companies are based in 10 states across the country and represent the retail, construction, restaurant, manufacturing, logistics and service industries, EEOC said.

“This data collection is an important tool for ensuring compliance with Title VII’s prohibition on workplace discrimination,” Karla Gilbride, EEOC general counsel, said in an agency press release. “Not only did Congress authorize the EEOC to collect this data, Congress also authorized the agency to go to court to obtain compliance when employers ignore their obligation to provide the required information.”

EEOC requires that all private employers with 100 or more employees — and certain federal contractors with 50 or more employees — submit EEO-1 Component 1 data. Such data includes sex, race, ethnicity and job category information for workers. 

In a statement, EEOC Chair Charlotte A. Burrows emphasized the importance of the EEO-1 Component 1 data to help the agency do its job. “The data help the agency focus its resources, identify potential discrimination, and refine its investigations,” she said. “As we commemorate this year’s 60th anniversary of the Civil Rights Act of 1964, the EEOC remains committed to using all our tools to remedy discrimination and fulfill the promise of equal opportunity in our nation’s civil rights laws.”

EEOC has encountered some criticism with respect to its EEO-1 intake process, given the agency has not added a sex category option for nonbinary workers. Previously, a director of HR advisory at McLean & Co. recommended working with an LGBTQ+ employee resource group to help determine the right way to approach employees, if possible. 

The deadline to submit EEO-1 Component 1 data for 2023 is Tuesday, June 4.