The EEO-1 Report Filing Date is Right Around the Corner - Are You Ready?
Miller & Martin PLLC Alerts | August 02, 2016
If you are an employer (aside from state and local governments, schools, Indian tribes and tax-exempt private membership clubs) which has at least 100 employees or which has at least 50 employees and a purchase order, contract or subcontract involving at least $50,000 from the federal government (including all financial institutions with 50 or more employees), you are required to file an EEO-1 Report with the EEOC by September 30 of each year.
The EEOC prefers that these reports be filed on-line through the EEO-1 Online Filing System on its website – www.eeoc.gov. There is a sample EEO-1 Report available on the EEOC's website as well. However, this cannot be printed off to use to file a hard-copy report. Blank EEO-1 Report forms must be requested by phone or in writing from the EEOC.
Those employers with only one location obviously only need to file one EEO-1 Report. However, those with multiple locations must file (1) a report covering their headquarters or principle office, (2) a separate report for each location with more than 50 employees, and (3) either a separate report for each location with less than 50 employees or an Establishment List which reflects the company name, address and total employment for each location with less than 50 employees. For those multi-location employers who file their EEO-1 Reports on-line, all of these separate reports will automatically transfer over to a consolidated report. (Those filing hard-copy reports will need to create a separate consolidated EEO-1 Report which combines the totals reflected on reports (1)-(3) above.)
For those who are not familiar with/have never filed an EEO-1 Report, these reports reflect the breakdown of your workforce by position groupings (executives, professionals, technicians, sales, laborers, etc.) by race/ethnicity and gender.
The reason for our sending out this alert two months before these reports are due is that the EEOC prefers that employees be permitted to "self-identify" their race/ethnicity rather than the employer simply "guessing" as to which racial/ethnic group to count each employee in in their EEO-1 Report(s). This means all employers will need to survey all employees who have been hired since last September (if you did not already do so on a voluntary basis as part of your onboarding process). For employers who have never before filed an EEO-1 Report, you will need to send out a voluntary survey to all employees asking them which racial/ethnic group they prefer to be identified with. Accordingly, collecting and then processing the data for your EEO-1 Report(s) may take some time.
Per our previous alert, the new pay data component of the EEO-1 Reports will not go into effect until 2017, but we are again encouraging those employers who will be covered by this pay data reporting requirement to use 2016 as a "practice round", so you can know whether you have an explanation for any facial pay disparities you will have to report for 2017. By way of reminder, all private (meaning all non-governmental entities, regardless of whether or not you are a federal contractor) employers with 100 or more employees will be covered by the new pay data reporting requirements outlined in our previous alert.
For assistance crafting the EEO-1 employee race/ethnicity surveys and/or with completing your EEO-1 Reports for this year, please contact Stacie Caraway or any other member of our Labor & Employment Law Practice Group.