As a result of the recent partial government shutdown, the EEOC announced that it has extended the EEO-1 survey reporting deadline to May 31, 2019 and that it has postponed the opening of the online portal to submit data to early March 2019.

As a result, employers subject to EEO-1 reporting requirements now have an extra two months to submit their data.

Which Employers Are Subject to EEO-1 Reporting?

The EEO-1 is an annual survey that applies to:

1. All private employers subject to Title VII of the Civil Rights Act of 1964 with 100 or more employees

2. All private employers subject to Title VII with fewer than 100 employees if the company at issue is owned or affiliated with another company, or there is centralized control or management (such as central control of personnel policies and labor relations) so that the group legally falls into a single enterprise, and the entire enterprise employs 100 or more employees

3. All federal contractors that have 50 or more employees and

• are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
• serve as a depository of federal government funds in any amount; or
• are a financial institution that serves as an issuing and paying agent for U.S. Savings Bonds and Notes

Which Employers Are Exempt From EEO-1 Reporting?

Not required to submit EEO-1 data are: federal contractors subject to the exemptions under 41 C.F.R. § 60-1.5 (e.g., contracts involving work performed outside the United States, certain contracts with state and local governments, and contracts with religious corporations, associations and educational institutions), as well as employers and/or contractors located in Puerto Rico, the U.S. Virgin Islands or other American protectorates.

Also exempt from EEO-1 reporting requirements are:

• state and local governments
• primary and secondary school systems
• higher education institutions
• Indian tribes
• tax-exempt private membership clubs other than labor organizations

What Must be Reported on the EEO-1?

Founded on Title VII’s recordkeeping requirements, the EEO-1 report is a compliance survey that requires applicable employers to electronically submit, via an online portal, employment data about race/ethnicity, gender, job categories, and office locations. The EEOC has made available an Instruction Booklet as well as a sample EEO-1 reporting form as guidance for applicable employers. The EEOC is prohibited from disclosing the data to the public. However, federal government prime or first-tier subcontractors should note that their data is subject to disclosure. All such requests must be directed to the Office of Federal Contract Compliance Programs in the U.S. Department of Labor.

Best Practices in EEO-1 Reporting

Employers subject to EE0-1 reporting should keep in mind the following pointers when completing annual surveys:

• Telecommuting employees must be included
• Both full- and part-time employees should be included in the data collection
• Only employment data – not applicant data – must be reported on the EEO-1
• Do not include establishments outside the United States
• Employee self-identification is preferred for recording racial and ethnic data. If unavailable, employers can resort to employment records or observer identification

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