Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC.
The settlement agreements appear to be quite similar even though the types of companies vary across industries. In general, the settlement agreements will be in effect for 3 to 5 years, and the employer will produce the missing EEO-1 reports and appoint an EEO-1 reporting monitor. They generally provide that while the agreement is in effect, the EEOC may monitor the employer’s compliance by inspecting premises and records, attending events, and interviewing employees.
One of the settlement agreements (EEOC v. Cotti Foods) is attached for your reference.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.