EEO-1 Reports: Deadline is September 30 for
Affected Employers
Although
a company might not have affirmative action obligations under the law, the
company may still be required to file an EEO-1 report with the Equal
Employment Opportunity Commission (EEOC) (see 29 CFR 1602.7). The
EEO-1 report is a census-type document that provides a statistical analysis
to the EEOC of the numbers of women and minorities employed in a company's
workforce. The EEO-1 report provides a snapshot of the employer's workforce
by race/ethnicity, gender and job category.
The
EEOC uses EEO-1 data to assess the employment status of minorities and
women and may also use such data in its investigation of employment
discrimination cases. EEO-1 reports are generally confidential as to third
parties, outside of certain governmental agencies.
For
affected employers, the deadline for filing the EEO-1 is September 1, 2004.
Who is required to File?
All
employers subject to Title VII and with 100 or more employees are
required to file the EEO-1 report.
An
EEO-1 report must also be filed if the company has fewer than 100 employees
but is owned or affiliated with another company, or 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.
In
addition, all federal government contractors and first-tier subcontractors
with 50 or more employees and a contract amounting to $50,000 or more are
required to file. A private employer with 50 or more employees that serves
as a depository of government funds in any amount or is a financial
institution which is an issuing and paying agent for U.S. Saving Bonds and
Notes must also file the report.
How to File
The
EEO-1 report is submitted to the EEOC on the EEO-1 form provided for that
purpose. The method preferred by the EEOC for filing is on-line at
http://www.eeoc.gov. This method provides a secure system for filing and
provides employers with access to historical data about their company. To
the extent possible, the on-line filing system will re-insert information
from year-to-year to reduce data entry. There is no software to download or
install; it is entirely web-based.
Computer
generated reports can also be filed with the EEOC instead of the on-line
filing.
There
are different filing requirements for single-establishment employers (doing
business at only one location) and for multi-establishment employers. These
differences are explained on the EEOC's website.
Extensions
of the September 30, 2004 deadline are available from the EEOC.
Types of Data to Be Submitted on the EE0-1
To
complete the survey, employment figures from any payroll period in July
through September may be used. Employment figures from other payroll
periods are not allowed.
Part-time
and full-time employees must be included in the report. The EEO-1 report
does not require data about job applicants.
Race/ethnic/gender data:
Employers
are required to submit information regarding the race/ethnicity and sex of each
employee by job category. Employers may acquire the race/ethnicity
information necessary for the report either by visual surveys of the
workforce or from post-employment records as to the identity of employees.
The
EEOC does not encourage, however, eliciting
information on the race/ethnicity of an employee by direct inquiry. If the
employer maintains a permanent post-employment record as to the racial or
ethnic identity of an individual for purposes of completing the EEO-1
report, the EEOC recommends keeping such records separate from the
employee's basic personnel file and from records available to those responsible
for personnel decisions.
The
race/ethnicity designations used by the EEOC for the report are not meant
to be scientifically accurate and the employer can count a person as
belonging to a particular group to which he/she appears to belong.
Individuals of multi-race/ethnic identities have to be put into only one
category – which may be difficult. However, each employee can only be
counted once in one race/ethnic group. The available designations are:
White (not of Hispanic origin); Black (not of Hispanic origin); Hispanic,
Asian or Pacific Islander; and American Indian or Alaskan Native.
Job Categories:
Employers
must also report the types of work their employees do, based on certain
specified categories. These categories are: officials and managers;
technicians; sales; office and clerical; craft workers (skilled);
operatives (semiskilled); laborers (unskilled); and service workers.
Detailed
definitions of these job classifications, including examples of each are
available at the EEOC's website.
Classification Obligation for All Employers Subject to Title VII
Even
if a business is not subject to the EEO-1 reporting requirements, if the business
has 15 or more employees it still must maintain a record of the sex, race,
and national origin of applicants and employees under Title VII. Businesses
must maintain these records to demonstrate, if necessary, that the employer
has not engaged in unlawful employment practices. Again, these records
should not be kept in the employee's personnel file. Instead, the data
should be compiled and kept in one common file with limited access.
Requirement Can Help Employers
While
it may seem merely like more paperwork, the EEO-1 report can provide
employers with the opportunity to compare the statistical profile of its
workplace with the statistical profile of other workforces in its
geographical area. This can assist employers with targeting recruitment efforts
toward segments of the population that it may have overlooked.
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