Covered employers have until September 30th to file their EEO-1 Reports?

Covered Employers

The following private-sector employers must complete the annual EEO-1 Report:

All private employers who are:

  1. subject to Title VII of the Civil Rights Act of 1964 with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations; OR
  2. subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.

All federal contractors (private employers), who:

  1. are not exempt as provided for by 41 CFR 60-1.5,
  2. have 50+ employees and one of the following:

a) a federal contract or first-tier subcontract valued at $50,000 or more; or
b) serve as a depository of government funds in any amount; or 
c) is a financial institution which is an issuing and paying agent for U.S. savings bonds and notes.

Employers who are required to prepare and submit an EEO-1 as a result of number 2, must also complete and submit a VETS100 Report and have a written Affirmative Action Plan.

Overview of the EEO-1 Report

The EEO-1 Report is an annual summary of an employer’s workforce broken down first by job category and then by ethnicity, gender, and race.  Employee data from any pay period in July through September 2014 may be used to complete the report. 

An employer may obtain the information necessary to complete the report by visual surveys of its workforce or by giving employees the opportunity to voluntarily complete a self-identification form. 

Overview of the VETS-100 and VETS-100A Reports

An employer must submit the VETS-100 and/or VETS-100A Report by September 30th of each year following a calendar year in which it held a covered federal contract or subcontract.  These annual summaries collect information on the number of qualified covered veterans in an employer’s workforce broken down by job category and hiring location.  Reports may be completed manually and submitted by mail or may be filed electronically or by diskette.

Completed EEO-1 Reports are reviewed by both the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) for affirmative action and research purposes.

Collecting EEO1 & VETS 100 Data

Employers are expected to collect gender, ethnicity, and veteran status data by providing the employee with the appropriate self-identification form.  These forms have been formatted by the OFCCP to properly ask the employee to provide this information.  Still, the employee is given the option to decline to participate.  If an employee declines participation, it is up to the employer to make the “best guess” as to the data requested.  This year, the ADA also came out with a Disability self-identification form.  While this data is not required for the completion of the EEO1 or the VETS 100, the self-identification form is of the same vein as the other self-identification forms and it is expected that they all be maintained in a confidential file separate from the employee’s file.

How to File

The report should be filled out using the EEOC’s web-based filing system at www.eeoc.gov/eeo1survey. If you have completed the report in previous years, you will have a log-in ID and password that must be used to log into your Company’s database.  All covered employers should have received EEO-1 filing materials in August.

Penalties for Non-Compliance

A covered employer’s failure to file an EEO-1 Report may result in a court order mandating that the form be completed. A federal contractor or subcontractor could have its contract terminated as well as be debarred from future federal contracts. An employer that knowingly reports false information may be fined or imprisoned.