The Equal Employment Opportunity Commission (EEOC) requires that the Employer Information Report (EEO-1 Report) must be filed by September 30, 2013. Generally, all private employers who are subject to Title VII and have at least 100 employees must file this Report. Additionally, private employers who have fewer than 100 employees, but are owned or affiliated with one or more other companies, or who have centralized control or management with other companies, such that the group of companies legally is a single enterprise and the enterprise employs at least 100 employees must also file an EEO-1 Report. Most federal contractors and first-tier subcontractors are also required to file an EEO-1 Report.
The EEO-1 Report requires the disclosure of various types of company information, including federal contractor status, and employment data by job category, race/ethnicity, and gender. The EEOC prefers that employers file the EEO-1 Report online using the EEOC’s website. For more information, click here to access the EEOC’s website about EEO-1 Reports.
Takeaway: It is important for employers covered by the EEO-1 Report filing requirement to pay close attention to the Report and provide accurate data to the EEOC by the September 30 deadline. Employers who willfully submit false data on the EEO-1 Report are subject to criminal penalties, and those who fail to file are subject to potential legal action by the EEOC that may result in a court order mandating that the employer file a Report. Moreover, because the Office of Federal Contract Compliance Programs (OFCCP) has increased its scrutiny of EEO-1 Reports while conducting compliance audits of federal contractors and subcontractors, it is more important than ever before that employers submit accurate data.