In early March a federal district court judge put the EEO-1 pay data collection requirements back in effect. This reinstatement gave employers less than 12 weeks before submissions were due back to the Equal Employment Opportunity Commission (EEOC) leaving employers scrambling for answers.
In this article, we’ll break down exactly what the EEOC is, what the EEO-1 is, who needs to file an EEO-1, and what employers need to do to prepare these reports for the EEOC, correctly.
What is the EEOC?
The EEOC, or Equal Employment Opportunity Commission, is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
The laws apply to all types of work situations including hiring, firing, promotions, harassment, training, wages, and benefits.
What is the EEO-1?
The EEO-1 Report is a compliance survey that federal statute and regulations mandate. Companies, through this survey, must detail employment data and categorize it by race-ethnicity, gender, and job category. President Obama finalized the rule in 2016.
The government uses the report to collect data from private employers and government contractors about their women and minority workforce. Similarly, the EEOC uses the report’s data to support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries, or regions.
Who Needs to File the EEO-1?
Those who need to file EEO-1 reports include:
- Private employers with 100 or more employees; or
- Private employers with fewer than 100 employees, if the company is owned by or corporately affiliated with another company and the entire enterprise, employs a total of 100 or more employees; or
- Federal government contractors with 50 or more employees and a contract of $50,000 or more.
What’s Happened to the EEO-1 and What’s Next?
As previously mentioned, the Obama administration finalized the EEO-1 reporting rule in 2016. Then, in August 2017, President Trump, through the Office of Management and Budget (OMB) stayed the implementation of this report.
On March 4, 2019, a federal district court judge put the pay data collection requirements back into effect. Finally, following the government shutdown, the federal government pushed the deadline for the reports back, to May 31.
How do I Complete the EEO-1?
- Determine if your company is required to complete the EEO-1 Report:
- All private employers with 100 or more employees
- All federal contractors and first-tier subcontractors with 50 or more employees AND contracts of at least $50,000
- Determine which form you must complete:
- Single-establishment companies: Standard 100 Form
- Multi-establishment companies: File a report covering the headquarters office. File a separate report for each branch with 50 or more employees. A consolidated report also will need to be completed with all employees who work at branches with fewer than 50 workers.
- Select one pay period within the fourth quarter (October, November, December) of the current survey year to complete the EEO-1 Report.
- Ensure self-identification forms and data are available from each employee during the pay period selected. Organize employee data by listing all employees by location, job category, and then by ethnicity, race, and gender.
- Complete the EEO-1 Report online on or before May 31st.
- State the filing process by completing the EEO-1 online application at – https://egov.eeoc.gov/eeo1/login. First-time filers will need to register at – https://egov.eeoc.gov/eeo1/register before completing the EEO-1 Report.
- Retain records for at least one year from the date of the making of the record.
Worry not employers of America! Use this page to guide you through the entire EEO-1 filing process. And, if you need additional help, feel free to contact The Olson Group today.