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What is an EEO-1 report?

Written by: Elizabeth Walker
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Published on March 9, 2022.

As your company grows and hits a certain size, you may need to comply with more reporting requirements from the U.S. government. Depending on your number of employees, one of these requirements might be filing an EEO-1 report.

The EEO-1 report, also known as a Standard Form 100, is a report mandated by the federal government that requires companies to report on employment data, categorized by race/ethnicity, gender, and job category.

EEO-1 reports are multi-faceted and can be tricky, especially if it’s your first time submitting one. And because there are penalties for not filing an EEO-1 report or for providing inaccurate filings, the stakes are high.

In this blog, we’ll explain and simplify the complexities of EEO-1 reporting requirements, including answering common questions like:

What is the purpose of an EEO-1 report?

The EEO-1 report is mandated by Title VII of the Civil Rights Act of 1967 and the Equal Employment Opportunity Act of 1972. The acts prohibit employment discrimination based on race/ethnicity, religion, gender, and national origin.

The Equal Employment Opportunity Commission (EEOC) enforces provisions of the Civil Rights Act, takes action against violators, and requires data collection from covered employers.

The EEO-1 report requires demographic workforce data collection results to be broken down by:

  1. Race/ethnicity
  2. Sex/gender
  3. Job category

Consider your EEO-1 report as a roadmap of your workforce’s diversity at a specific point in time. EEO-1 reporting as a snapshot of your workforce at a specific time. The snapshot can help you understand and take steps to address any inequities. Ensuring you provide a diverse workplace helps your business think critically about its goals in terms of your broader diversity and inclusion strategy.

The EEO-1 reporting requirement also helps build a picture of diversity and opportunity across U.S. employers as a whole by providing context for conversations around issues like sex discrimination, affirmative action, and pay equity.

Who is required to complete an EEO-1 report?

All private employers with 15 or more employees must comply with Title VII of the Civil Rights Act to be considered an equal opportunity employer. However, not every private employer is required to collect EEO-1 data.

You must file an EEO-1 report if you are a private-sector employer who has:

  • 100 or more employees, also known as an applicable large employer (ALE)
    • This excludes state and local governments, public schools, higher education institutions, American Indian or Alaska Native tribes, and tax-exempt private membership clubs other than labor organizations
  • Fewer than 100 employees, but is owned or controlled by a company with more than 100 employees overall

All federal contractors must also fill out an EEO-1 report if they have:

  • 50 or more employees and are first-tier subcontractors, and have a federal contract, subcontract, or purchase order amounting to $50,000
  • Serve as a depository of government funds in any amount
  • Act as an issuing and paying agent for U.S. Savings Bonds and Savings Notes

When considering the information above, remember that employers only need to fill out the EEO-1 form if their organization is within the U.S. or the District of Columbia (D.C.).

Information to include on your EEO-1 form

EEO-1 reports must include information from a workforce snapshot period, which is any pay period from October through December of the current survey year. Only part-time and full-time staff members on the payroll are counted when determining employees for the period.

For employers subject to EEO-1 reporting requirements, the following information should be included in your report:

  • Number of reports being filed by the company
  • Company information
  • Employer Identification Number (EIN)
  • Previous year’s total
  • All employee data listed by location, job category, race/ethnicity, and gender
  • Date of payroll periods used
  • The date, your title, and your signature
  • Your contact information

The last step is to indicate if you’re a single- or multi-establishment employer, as multi-establishment employers have a few added tasks.

If you’re a multi-establishment employer, you’ll also need to submit each of these EEO-1 reports:

  • Consolidated Report (Type 2)
  • Headquarters Report (Type 3)
  • Establishment Report (Type 4)

Multi-establishment employers with less than 50 employees must submit one of the following:

  • Establishment List (Type 6)
  • Establishment Report (Type 8)

Once you have completed filling out your required forms, you’re ready to file your EEO-1 report with the EEOC.

How to file your EEO-1 report

The reporting system for the EEO-1 form is on the EEOC website, which includes more detailed instructions and FAQs. First-time filers can fill out a simple registration form online to set up an account to file their report each year.

If you’re filing an EEO-1 report for the first time, use these simple steps to get the job done:

  1. Register on the EEOC’s website
  2. Collect information for your EEO-1 report
  3. Fill out your EEO-1 form
  4. Submit your completed report to the EEOC by the deadline of March 31 of the following year
  5. Keep a copy of your annual EEO-1 form in your records for at least one year

If you don’t want to use the online filing system, you can submit your data with a paper report. However, the EEOC prefers eligible employers use the online filing application system, so paper forms are only available upon request and approval.

What happens if you don’t file an EEO-1 report?

There aren’t any financial penalties for not filing an EEO-1 data report. However, it’s in your company’s best interests to comply with the requirement.

Under federal law, the EEOC can compel an employer to file the EEO-1 report by obtaining a court order from the United States District Court, which could lead to the employer being held in contempt. Federal contractor penalties may include termination of their government contract and removal from future federal contracts.

Additionally, false statements on an EEO-1 report can subject employers to fines, imprisonment of up to five years, or both.

A more practical consequence of failing to file an EEO-1 report for one or more years is that an employer can’t comply with federal agency enforcement efforts, and therefore lose credibility in an investigation.

For example, if an employee submits a discrimination or harassment complaint about your company to the EEOC, one of the first things agency representatives will do is review your company’s EEO-1 data. Depending on their findings, your company’s history of compliance could impact the outcome of the investigation.

Conclusion

EEO-1 reporting is an essential annual requirement and human resource task for companies of a certain size. EEOC guidelines can be confusing, but not completing required reporting can get you into trouble. Although it’s time-consuming, it’s worth remembering that EEO-1 data tracks compliance to improve inclusion efforts, so it’s best practice for companies to cooperate.

If you’re an ALE struggling with compliance, we can help you out. If you have a health reimbursement arrangement (HRA) through PeopleKeep, we’re here to maintain your HRA’s compliance on your behalf, so you have more time to take care of your business’s federal compliance obligations. Schedule a call with a personalized benefits advisor today to see how we can help you offer compliant health benefits.

Originally published on March 9, 2022. Last updated March 9, 2022.
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