EEOC Sues 15 Employers in 10 States for Not Filing Workforce Demographics Data

Last week the U.S. Equal Employment Opportunity Commission (EEOC) took what is being called an unprecedented step by filing lawsuits against 15 employers for allegedly failing to comply with mandatory reporting requirements.

The employers, from 10 states and various industries such as retail, service, manufacturing, logistics, and construction, repeatedly failed to submit data in prior years, including workforce information on sex, race, and ethnicity that is used for a variety of purposes such as enforcement, analytics, research, and employer self-assessment.

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The data collected in what is called an EEO-1 reports—mandatory for employers of 100 or more people—is essential to ensure compliance against workplace discrimination, said the EEOC’s General Counsel Karla Gilbride.

“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,” Gilbride said.

According to the lawsuits, the EEOC said it sent notices of non-compliances to the companies but they still failed to comply. The commission is not seeking a penalty, but is asking a court to require the companies to submit missing reports.

EEOC Chair Charlotte A. Burrows said the data allows the commission to focus its resources and “refine its investigations.”

“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,” Burrow said.

The list of employers sued for failure to file EEO-1 Component 1 data includes:

EEOC v. Autosales, Inc. d/b/a Summit Racing Equipment, Civil Action No. 5:24-cv-0927 (N.D. Ohio)
EEOC v. Boomerang Tube, LLC, Civil Action No. 4:24-cv-00745 (E.D. Mo.)
EEOC v. Commodore Construction Corp., Civil Action No. 24-CV-4066 (S.D.N.Y.)
EEOC v. Eastern Janitorial Services, Civil Action No. 3:24-cv-6474 (D.N.J.)
EEOC v. Eissmann Automotive North America, Civil Action No. 4:24-cv-00680 (N.D. Ala.)
EEOC v. Erickson Framing Operations LLC, Civil Action No. 2:24-cv-01253 (D. Ariz.)
EEOC v. Harrison Poultry, Inc., Civil Action No. 2:24-cv-00117 (N.D. Ga.)
EEOC v. Leonard’s Express, Civil Action No. 3:24-cv-00355 (W.D. Wis.)
EEOC v. Lone Star Overnight, Civil Action No. 4:24-cv-477 (E.D. Tex.)
EEOC v. Metropolitan Foods d/b/a Driscoll Food, Civil Action No. 2:24-cv-06384 (D.N.J.)
EEOC v. Nailor Industries of Texas, Civil Action No. 4:24-cv-01990 (S.D. Tex.)
EEOC v. Performance Hospitality Management, LLC, Civil Action No. 24-cv-60909 (S.D. Fla)
EEOC v. Primary Aim LLC, Civil Action No. 2:24-cv-02918 (S.D. Ohio)
EEOC v. Taylor Morrison, Inc., Civil Action No. 2:24-cv-01233 (D. Ariz.)
EEOC v. Transdev Services, Inc., Civil Action No. 5:24-cv-00294 (W.D.N.C.)