The EEO-1 Report is a compliance survey that requires companies to report employment data. Employers must categorize this data by race/ethnicity, gender, and job category. Additionally, there has been significant buzz lately around adding pay as a final category.
The Equal Employment Opportunity Commission (EEOC)
Several years ago, the EEOC updated reporting requirements to include pay data. However, the Trump administration placed this provision on hold before it could take effect. Then, in February 2019, a federal judge overturned the administration’s action.
As of now, employers will at some point have to report pay data. However, we do not yet know when exactly this new requirement will take effect.
Who has to report?
Companies meeting the following criteria must file the EEO-1 report annually:
- Companies with 100 or more employees; or
- A company with fewer than 100 employees if the company is owned by (or corporately affiliated with) another company and the entire enterprise employs a total of 100 or more employees; or
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246 with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.
First-time filers can get started by registering here.
When is the report due?
The EEO-1 is usually due March 31st. However, the EEOC has pushed back the reporting deadline for the last several years. This year, reports for 2018 are due May 31st, 2019.
Do I have to file electronically?
Yes. Employers must submit EEO-1 reports through the EEO-1 Online Filing Application or as an electronically transmitted data file (ASCII/TEXT file). The EEOC will only approve paper EEO-1 forms in the event of extreme circumstances where Internet access is not available.
Top Tip: EEOC-approved specifications for creating an EEO-1 data file are available here.
Are my reports confidential?
All reports and any information from individual reports are confidential under Title VII. Per these confidentiality provisions, the EEOC cannot publish this information prior to the institution of any proceeding under Title VII involving the EEO-1 data. The confidentiality requirements allow the EEOC to publish only aggregated data, and only in a manner that does not reveal any particular filer’s or any individual employee’s personal information.
OFCCP will notify contractors of any Freedom of Information Act (FOIA) requests for data provided on EEO-1 reports. The OFCCP will also protect the confidentiality of EEO-1 data to the maximum extent possible consistent with FOIA and the Trade Secrets Act. However, should OFCCP receive FOIA requests for any EEO-1 data on filers not within its jurisdiction, OFCCP will refer the requests to the EEOC for a response. The confidentiality provision applies to all EEO-1 data submitted by filers that are not federal contractors. The EEOC adheres to that statutory provision when reviewing all requests for EEO-1 data.
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