All private employers, even Old MacDonald, who are subject to Title VII of the Civil Rights Act of 1964 (as amended by the EEO Act of 1972) with 100 or more employees and have establishments located in the 50 states or DC are required to file the Standard Form 100 (aka EEO-1) on or before March 31st of each year. This includes state and local governments, primary and secondary school systems, institutions of higher education, Indian tribes, and tax-exempt private membership clubs other than labor organizations. Companies with centralized ownership, control, or management count all employees across all organizations to determine whether they meet the 100 or more employee requirement. The March 31st due date is a change from the September 30th due date of prior years.
The filing requirement also applies to Federal contractors with 50 or more employees and are prime or first-tier subcontractors, and have a contract of > $50,000, or serve as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
This reporting requires company employment data categorized by ethnicity, gender, and job category, and is used by the agencies to collect data from private employers about their women and minority workforce. It is used to support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries, and regions. The report was going to require a summary of pay data in this year’s filing until the Office of Management and Budget (OMB) stopped the new requirement in August 2017. We will see if this does not resurface in the future.
With the change of the filing due date from September 30th, also comes a change to the workforce snapshot period. Select a single pay-period during the last quarter of the year prior to the year of the filing. The data as filed on the EEO-1 is confidential and the EEOC is prohibited by the Civil Rights Act of 1964 from making the employment data public.
There are many types of reports depending upon the structure of the organization. A single-establishment company is required to submit only one EEO-1 report, a Type 1
A multi-establishment company is required to submit the following types of EEO-1 data reports:
- Type 2 – Consolidated Report (Required) – The Consolidated Report must include all employees of the company categorized by race, gender and job category.
- Type 3 – Headquarters Report (Required) – The Headquarters Report must include employees working at the main office site of the company and those employees that work from home that report to the corporate office. Employment data must be categorized by race, gender and job category. A separate EEO-1 report for the headquarters establishment is required even if there are fewer than 50 employees working at the headquarters establishment.
- Type 4 – Establishment Report – A separate EEO-1 Type 4 report must be submitted for each physical establishment with 50 or more employees. Employment data must be categorized by race, gender and job category.
- Type 8 -Establishment Report – Sites With Fewer Than 50 Employees: A separate EEO-1 report must be submitted for each establishment employing fewer than 50 employees. Like the Type 4 – Establishment Report, Type 8 report employment data must also be categorized by race, gender and job category.
OR Type/Status 6 – Establishment List – The establishment name, complete address and total number of employees must be provided for each physical location where fewer than 50 employees are working;
An employer failing to file may be compelled to file by order of a U.S. District Court. Willful false statements on the filing may be punishable by fine or imprisonment. An employer may seek to change the date for filing its form or change the period for which data is reported, so if a March 31st filing is a hardship, your company can have its own due date each year.
A one-time 30 day extension is granted by simply sending an email to E1.Extensions@eeoc.gov. There is no need to wait for a response. Extension must be requested prior to March 31st.
For details, check out the EEO FAQ page. If you are utilizing PayMaster HCM with our HRIS feature, our system can create the EEO-1 filing data for you.
The filing deadline for the 2017 EEO-1 survey has been extended from March 31st, 2018 to June 1st, 2018.
UPDATE – On March 4, 2019, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia vacated an Aug. 29, 2017, decision by the Office of Management and Budget (OMB) to stay the Equal Employment Opportunity Commission (EEOC) requirement that employers use a revised EEO-1 form to report pay data information by employee job position, gender, race and ethnicity.
It appears that it may not be effective for the filing due in 2019 as the filing opened without the ability to report the pay period data. Stay tuned for more info and be sure your payroll system can track this new information that will certainly be required for next year’s reporting.
The filing deadline for 2018 data is Friday, May 31st, 2019.
UPDATE – On April 25th, 2019, Judge Tanya S. Chutkan ordered initial compliance with the EEO-1 pay data reporting obligation by September 19th, 2019.
Questions remain around the reporting process, including instructions from EEOC about reporting logistics and other practical considerations, such as whether it will be collecting 2017 and 2018 data or just 2018 data, and a deadline for reporting.
As with any case, there is a possibility of an appeal, however employers will need to start working on complying with the reporting obligations for this year.
UPDATE – On May 3rd, 2019, the EEOC announced that the wage and hour (Component 2) data for 2017 and 2018 will be required to be filed by September 30th, 2019. Since this is a brand new requirement, what the EEOC is not able to do is receive this newly required information. They hope to announce how and what exactly is required by mid-July 2019. You should still file the 2018 data as you normally would by the May 31st due date.
UPDATE – On July 15th, 2019, the EEOC opened Component 2 data filing. A website dedicated to Component 2 can be found at https://eeoccomp2.norc.org/ The More Info tab on that webpage has links to a sample form, detailed instruction booklet, FAQs, and much more to assist you with the new filing requirement. The September 30, 2019 due date for 2017 and 2018 filing years remain, which give you and payroll system/service providers just over two months to design and generate reports for the requirement.
The EEOC is not looking to renew the Component 2 information for years 2019 and forward. https://www.federalregister.gov/documents/2019/09/12/2019-19767/agency-information-collection-activities-existing-collection