Covered employers are required to submit Employer Information Reports (commonly called “EEO-1 forms”) to the Equal Employment Opportunity Commission on an annual basis. The EEOC and the Office of Federal Contract Compliance Programs use EEO-1 reports to compile data regarding the demographics of the work force, particularly female and minority participation.
Employers subject to the EEO-1 reporting requirements include most private employers with 100 or more employees, and federal contractors and subcontractors with 50 or more employees and contracts (or subcontracts) valued at $50,000 or more
The EEOC strongly encourages covered employers to submit their EEO-1 reports through the web-based filing system. Employers should receive EEO-1 materials, including login codes and passwords, from the EEOC, by mid-August. Reports should be based on payroll data from one of the pay periods during the third quarter of 2012 (July 1, 2012 through September 30, 2012).
For the past several years, the EEOC has expressed a clear preference for self-reporting of ethnic and racial information by employees. (Self-identification is, of course, voluntary and employers must notify employees that providing racial or ethnic information is strictly voluntary.) In compiling the necessary information, employers should also recall that first-level supervisors who regularly join their subordinates in performing the work done by the subordinates are not classified as “officials and managers” within the meaning of the EEO-1 report and should instead, be classified along with the employees they supervise.
Employers doing business at more than one facility must submit several reports, including:
a consolidated report that includes all employees and classifies them by race, sex and job category;
a separate report covering the principal or headquarters office;
a separate report for each facility at which 50 or more persons are employed; and
a list, showing the name, address, total employment and major activity for each facility employing fewer than 50 persons.
Covered employers are wise not to wait until the last minute to prepare their EEO-1 forms. If you have any questions about your EEO-1 reporting obligation or any other issue relating to employment law, please contact one of our attorneys:
Daniel F. Pyne III
Richard M. Noack
Ernest M. Malaspina
Erik P. Khoobyarian