Question:

I recently attended a class on employment issues, and the presenter mentioned the EEO-1 form filing deadline of September 30, 2006. What is the EEO-1 form, and how do I know if I need to file it?

Answer:

The Employer Information Report EEO-1 form is filed with the EEOC. It reports sex and race/ethnicity data on all full-time and part-time employees who were employed during the selected payroll period in nine occupational categories. The EEO-1 report is submitted to both the EEOC and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). The EEOC is required by law to keep individual employer EEO‑1 reports strictly confidential.

The EEOC instructions for completing the form provide that the employer may acquire the race/ethnic information necessary for the EEO-1 report either by visual surveys of the work force, or from post-employment records as to the identity of employees. Eliciting information on the race/ethnic identity of an employee by direct inquiry is not encouraged. Where records reflecting ethnicity are maintained by an employer, the EEOC recommends that they be kept separately from the employee’s basic personnel file or other records available to those responsible for personnel decisions. Federal and state laws currently permit employers to conduct a visual survey and keep post-employment records of the race/ethnic identity of employees. Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of the EEO-1 report, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded as belonging to in the community.

Generally, if you are a private employer subject to Title VII of the Civil Rights Act of 1964, and you have more than 100 employees, you are required to file the EEO-1 form by September 30 each year. The preferred method for completing the 2006 EEO-1 Survey is to use the EEOC’s web-based filing system. Online filing requires you to log in with an ID and password. All companies should have received 2006 EEO-1 filing materials by mail during August 2006. If you cannot locate your Password, contact the EEO-1 Joint Reporting Committee at e1.techassistance@eeoc.gov.

If you do not file on-line, you may complete the hard copy Standard Form 100.
The form and instructions on how to complete it are available on the EEOC website at
www.eeoc.gov/eeo1survey/index.html.
There are special requirements for filing computer generated reports or data files.

You are also required to file the EEO-1 form if you:

  • Are a primary or secondary school system;
  • Are an institution of higher education;
  • Are an Indian tribe;
  • Are a tax- exempt private membership club other than a labor organization;
  • Have fewer than 100 employees, but your company is owned or affiliated with another company, or there is centralized ownership, control, or management (such as central control over 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; or
  • Are a federal contractor (private employer) who has 50 or more employees, are a prime contractor or first-tier subcontractor, and have a contract, subcontract, or purchase order amounting to $50,000 or more or serve as a depository of government funds in any amount, or are a financial institution which is an issuing and paying agent for U.S. Savings Bonds.

For the reporting year beginning September 2007, a new EEO-1 form will be required. A number of changes are being made to the race and ethnic categories. For example, the revised EEO-1 report:

  • adds a new category titled “Two or more races”
  • divides “Asian or Pacific Islander” into two separate categories: “Asian” and “Native Hawaiian or other Pacific Islander”
  • renames “Black” as “Black or African American”
  • renames “Hispanic” as “Hispanic or Latino”
  • strongly endorses self-identification of race and ethnic categories, as opposed to visual identification by employers

Changes have also been made to the job categories on the EEO-1 report. For example, the current category of “Officials and Managers” will be divided into two levels based on responsibility and influence within the organization.

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