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September 30 is the filing deadline for your Employer Information Report (EEO-1). This report is a government form requiring certain employers, contractors, and subcontractors to provide a count of their employees by job category and then by ethnicity, race, and gender. The report is submitted to both the Equal Employment Opportunity Commission (EEOC) and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).

What is an EEO-1 Report?
This report is essentially an employee census listed by race/ethnicity, gender, and job category. It must be submitted to the EEOC’s Joint Reporting Committee by September 30. The committee uses it to compile statistics and identify trends. The EEOC collects workforce data from employers with more than 100 employees (lower thresholds apply to federal contractors). Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary.

Covered Employers
All private employers who are:

  1. Subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) 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:
    1. The company is owned by or affiliated with another company.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 or more employees and
    1. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
    2. Serve as a depository of government funds in any amount; or
    3. Are financial institutions that are issuing and paying agents for U.S. Savings Bonds and Notes.

How to File Your Report
The preferred method for completing the EEO-1 report is the web-based online filing system. Data is transferred over the Internet using encryption, assuring your company’s privacy. Online filing requires you to log into your company’s database with a login ID and password, contained in the annual Notification Letter sent to you by the EEO. File here!

This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this advisory, please contact HR Knowledge at 508.339.1300 or email us at HR@hrknowledge.com.