I know that the deadline for filing the EEO-1 is coming up in September. I'm worried...what if we discover that my company didn't know we had to file the EEO-1 reports and needed to - is there any type of penality? what should we do?


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  • Chances are, there will be no penalty. You may, however, get a call from your local EEOC district office. They may look into why they have not received an EEO-1 from you. If the EEO-1 reveals any glaring statistical possibility of discrimination, you may get a visit from the EEOC. However, it is pretty unlikely. It also depends on how long you were required to file and did not.  
  • An additional concern is that if you are newly qualified and you don't file, I agree you run the risk of a visit from EEOC and you may get an inquiry from the DOL (Department of Labor) since this form is reviewed by this agency as well. It is best that you find out as soon as possible and complete the form to avoid dealing with additional agencies as well.
  • One other concern, if you have any federal contracts you could find yourself in a precarious position as it's a requirement to file the EEO report to keep your contract(s).
  • The new EEO-1 deadline approaching quickly...however, there are no monetary fines associated with not complying with the submission of information but they can Subpoena you through the court system.  Not a path I would recommend taking.  If you are unsure if you qualify the eeoc website give specific information to decrease confusion and also the SHRM website gives a more plain level explaination on many of the confusing topics of EEO-1 new requirements.
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