Update on EEO-1 and VETS Reporting Obligations Q&A

If you have 100 or more employees or are a federal contractor, you need to file an EEO-1 form by October 30 (an extension from the normal due date of September 30). And, if you are a federal contractor, you have additional obligations. Find out what you have to do to meet the reporting deadlines.

Q:       Who has to file the EEO-1 and new VETS-4212 Reports… all employers or just federal contractors? What information is included in these reports and when do they have to be filed?

A:        Not all employers have to fill out and submit the EEO-1 Report, more formally referred to as the Employer Information Report EEO-1. Under federal law, all private employers with 100 or more employees as well as all federal contractors with 50 or more employees and a contract
of $50,000 or more are required to submit annual EEO-1 Reports to the Joint Reporting Committee (JRC), a committee of the EEOC and the Office of Federal Contract Compliance Programs (OFCCP). These reports track employee data by race, ethnicity, sex, and job classification. The EEOC uses the data to support enforcement of Title VII of the Civil Rights Act and to analyze employment patterns. The OFCCP uses the information to target federal contractor employers for compliance evaluations.

Normally, the EEO-1 must be filed each year by September 30. However, this year, the filing date has been extended until October 30, 2015, though no reason was given for the extension. Employment figures from any pay period in July through September may be used.  Online reporting is the “highly” preferred method of filing (according to the EEOC’s EEO-1 website instructions), though employers are permitted to file paper reports.

Currently, there are seven race/ethnicity categories: Hispanic or Latino, White, Black or African-American, Native Hawaiian or Other Pacific Islander, Asian, American Indian or Alaska Native, and Two or More Races. To obtain the information, you are directed to ask employees to self-identify voluntarily. If an employee declines to self-identify, you can rely on visual identification of the employee or post-employment records.

The EEO-1 instruction booklet includes sample language, in Section 4 of the instructions’ appendix, that you can use in an employee questionnaire on race and ethnicity to explain the EEO-1 voluntary self- identification process. Specifically, the EEOC provides the following example statement you may include in a questionnaire:

“The employer is subject to certain governmental recordkeeping and reporting requirements for the administration of civil rights laws and regulations. In order to comply with these laws, the employer invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual.”

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top