Whether you have filed a report in the past, or are new to the EEO-1 Report, you may wish to review the guidelines this year. As of August 21, 2015, the EEOC has revised some of its requirements, and the new 2015 EEO-1 Portal is now open.
Not much time remains to pull and compile the employee snapshot data needed for the The Employer Information Report or EEO-1 Report and submit it in time to meet the filing extended deadline of October 30. Data used for the report must be from a pay period in July, August or September of the current year. We’ve provided an overview of the EEO-1 Report guidelines, including filing requirements, submission links, online resources, and pointers, all designed to simplify the filing process. Visit the 2015 EEO-1 Filing Portal here.
What is the EEO-1 Report?
The EEO-1 Report, also referred to as the Standard Form 100, is an annual compliance survey conducted by the U.S. Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., as amended. The survey requires company employment data to be categorized by race/ethnicity, gender and job category (for both full-time and part-time employees). The EEO-1 Report is integral to the work of both the EEOC, and the Office of Federal Contract Compliance Programs (OFCCP). The EEOC’s webpage, “EEO-1 Frequently Asked Questions and Answers” summarizes the purpose of the Report to these agencies in this way:
- The EEOC uses EEO-1 data to support civil rights enforcement and to analyze employment patterns, such as the representation of female and minority workers within companies, industries or regions.
- The OFCCP uses EEO-1 data to determine which company establishments to select for compliance reviews. OFCCP's system uses statistical assessment of EEO-1 data to select facilities where the likelihood of systematic discrimination is the greatest.
The EEOC also uses EEO-1 survey data, combined with charge data, and other sources, in producing special reports, such as the recently issued “American Experiences versus American Expectations” report, issued in celebration of the EEOC’s 50th anniversary.
Who must file?
The EEO-1 Report is considered the most fundamental and all-encompassing EEO/AA reporting requirement. According to the EEOC, in FY 2013, approximately 70,000 employers filed an EEO-1. The report is required of:
- All private employers with 100 or more employees OR companies with fewer than 100 employees which are legally considered part of a single enterprise comprising 100 or more employees in total.
- All federal contractors who have 50 or more employees and a contract/subcontract or purchase order amounting to $50,000 or more. (See full requirements here).
What is the EEO-1 Filing Deadline?
The annual EEO-1 Report must be filed no later than September 30 each year, unless an extension is requested by that date. To request a one-time extension, a private employer must email the EEOC at firstname.lastname@example.org, with the company’s name, phone number, address and the responsible individual’s contact information. If granted, the extension is valid only until October 30, 2015.
How do we File the EEO-1 Report?
On August 21, 2015, the EEOC updated the EE0-1 Survey website and revised the FAQ and [Filing] Fact Sheet. A new “Sample EEO-1 Notification Letter” from the EEO-1 Joint Reporting Committee was also posted. This is the letter sent by mail to all companies that previously filed EEO-1 reports. The EEO-1 Joint Reporting Committee now requires employers to contact the EEO-1 Joint Reporting Committee BEFORE filing the EEO-1 Report, “if your company acquired establishments of another company or merged with another company” (email contact: email@example.com). In the case of company establishments which “spin off” to become independent companies, the contact email before filing is firstname.lastname@example.org.
The EEOC outlined the following as additional important changes in 2015:
- The Federal Tax ID (EIN or FEIN) must be on the EEO-1 Report for each establishment location as the EEOC has stepped up monitoring.
- The EEOC is requiring that locations with the same address and NAICS code have to be combined into one report OR, in order to file separately, the NAICS codes have to be unique on the multiple reports.
Before successfully filing an EEO-1 Report, employers will need to ensure that they are familiar with all the updates, including the information in the EEO-1 Notification Letter, and that they are set up in the EEOC’s EEO-1 Online Filing system. They will also need to determine whether they will be filing as a single or multi-establishment company.
The EEO-1 Online Filing System: The “strongly” preferred methods are to submit the EEO-1 data through the EEO-1 Online Filing System, or as an electronically transmitted data file. The online filing requires an Email ID, Login ID and Password. All companies that filed the EEO-1 Report in the prior reporting period should have received the 2015 EEO-1 notification letter, by mail, no later than the end of August 2015. First time filers will need to register their company with the online filing system and will receive their Login ID and Password immediately after submitting their registration information. Please note, if submitting the EEO-1 Report through the EEO-1 Online Filing System, the submission must also be certified.
Filing as a Single or Multi-Establishment Employer: Single–establishment employers need only complete a single EEO-1 Report (or Standard Form 100). Multi-establishment employers must file the reports below as one single package, and, in all cases employee data must be categorized by race/ethnicity, gender, and job category, with one exception detailed below:
- A report for the headquarters office (type 3), even if there are fewer than 50 employees who work there.
- A consolidated report (type 2) which includes “ALL company employees.”
- Separate reports for each establishment with 50 or more employees (type 4).
- Separate reports for establishments with fewer than 50 employees. There are two accepted report formats. The first is a type 6 report, which contains an establishment list, name, address and total number of employees at each relevant location (race, gender and job categories will need to be subsequently entered manually on the type 2 or consolidated form). The second option is to file a type 8 report for each location, in which employment data is broken down by race, gender and job category.
If you have questions about how to file, remember that the 2015 EEO-1 Survey website provides additional resources to help employers file their report correctly. The EEOC’s Fact Sheet for EEO-1 Survey Filers and the EEO-1 Instruction Booklet also provide additional clarification. You can also contact the EEO-1 Joint Reporting Committee by telephone, 877-392-4647, or by email E1.email@example.com.
What Information is Required by the EEO-1 Report?
Employers must provide data on all full-time and part-time employees employed during the selected payroll period, including employees who work from home. Employees must be counted by race or ethnic category and gender for each of the ten occupational categories and subcategories by location. The preferred method of identification for the race/ethnicity categorization of employment data is employee self-identification. The EEO-1 Joint Reporting Committee helps employers implement this method by providing Sample Race/Ethnicity Self-Identification Forms used by private employers. Since all employees must be included in the counts, if employees do not self-identify, the company must report employees using visual observation.
Race and Ethnicity categories used in the EEO-1 Report
- Hispanic or Latino
- White (Not Hispanic or Latino)
- Black or African American (Not Hispanic or Latino)
- Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino)
- Asian (Not Hispanic or Latino)
- American Indian or Alaska Native (Not Hispanic or Latino)
- Two or More Races (Not Hispanic or Latino)
- ***Note that "other" is not an option. All employees must be assigned to one of the categories above.
Job Categories Used in the EEO-1 Report
- 1.1 - Executive/Senior Level Officials and Managers
- 1.2 - First/Mid Level Officials and Managers
- 2 - Professionals
- 3 - Technicians
- 4 - Sales Workers
- 5 - Administrative Support Workers
- 6 - Craft Workers
- 7 - Operatives
- 8 - Laborers and Helpers
- 9 - Service Workers
Remember, if you need clarification, the EEO-1 Instruction Booklet (available online) includes a sample form, definitions of the race and ethnic categories, and descriptions of the job categories.
The EEO-1 Report and OFCCP Audits
If you are a federal contractor, you may wonder to what extent the information submitted in the EEO-1 Report will become relevant in an OFCCP audit. It is important that the EEO-1 Report is as accurate as possible since the OFCCP uses the reports to select federal contractors for an audit. Companies are required to keep three years of their EEO-1 reports and submit those reports to the OFCCP when audited (see Item 15 of the OFCCP Itemized Listing). The OFCCP selected 993 distinct companies (2,500 establishments) in the first round of two audit selection rounds in 2015. For a full discussion of the OFCCP’s Federal Contractor Selection System (FCSS), and the role of the EEO-1 Report in federal contractor audit selection, the OFCCP has compiled a useful FCSS FAQ, also available online.
Finally, a few tips:
- Prepare and submit early to avoid website congestion.
- Pull the data once if possible – companies with August 1st or September 1st AAP plan years can use the same data to prepare the AAP, EEO-1 Report and VETS-4212 Report.
Key Online Resources
For additional information, contact our OFCCP Compliance experts.