Federal employment law requires certain U.S. employers to submit an annual EEO-1 Report, which is a count of all employees, ordered by job category, ethnicity, race, and gender. Employers must submit the report to the U.S. Equal Employment Opportunity Commission’s (EEOC) Joint Reporting Committee.
Who is required to file the EEO-1 Report?
Any employer with more than 100 employees during the calendar year must file the EEO-1 Report, regardless of how long they were employed. In addition, any employer who has more than 50 employees and has received a federal government contract of at least $50,000 must also file the EEO-1.
Companies with a single facility will submit a type 1 report, while companies with multiple facilities may need to submit several different reports. Depending on how many employees the company has, they will file a consolidated report, headquarters report, and either a type 4 report, a type 6 report, or a type 8 report.
What is the purpose of the EE0-1 Report?
The EEO-1 report replaced the former Employer Information Report in 2007. The federal government analyzes EEO-1 Report data to protect the civil rights of workers and to examine employment patterns and representation. EEO-1 data can reveal employers who are likely to exhibit patterns of discrimination, and shows what is happening at individual facilities. Based on the EEO-1 data, the government may decide to evaluate a company regarding its compliance with equal opportunity employment laws.
The EEOC does not release the EEO-1 data to the public or any other entity or individual, except for individuals working with EEOC to analyze the data or perform company evaluations. It is illegal for any Commission employee to release information about any EEO-1 report to any unauthorized person.
How employers collect EEO-1 survey data
- Employers must complete the step of identifying the proper job classification for all employees using the 2010 Job Classification Guide to enter the correct job categories and other information for their employees.
1.1. Executive/Senior-Level Officials and Managers. This designation is for top employees, such as the chief executive officer of a company.
1.2 First/Mid-Level Officials and Managers. These employees take direction from the executive level.
2.0 Professionals. These jobs usually requires a degree or certification, such as an engineer, programmer, or accountant.
3.0 Technicians. These jobs require specific applied skills.
4.0 Sales Workers.
5.0 Administrative Support Workers.
6.0 Craft Workers. These workers have a certain set of skills such as masons, mechanics, carpenters, roofers, etc.
7.0 Operatives. These are semi-skilled positions that require at most a few months’ training, such as a forklift operator, baker, etc.
8.0 Laborers and Helpers. Individuals in these roles require minimal training and and are not expected to make independent decisions.
9.0 Service Employees. This category can include anyone from a cook or a hairdresser to a police detective.
- Employers should use the 2012 NAICS Codes for industry classifications (see “Additional Documentation” on the EEO-1 instruction page.)
- Employers give their employees the opportunity to voluntarily self-identify their ethnicity, race, and gender. If an employee refuses to self-identify or has not submitted the information by the filing date, the employer must identify the employee using visual observation and their own judgment.
An employer cannot exclude an employee from the report for any reason.
How to file the EEO-1 Report
Employers can file their EEO-1 Report online through the Equal Employment Opportunity Commission website. They can create the report online or submit the report electronically through the website. The EEOC does not automatically mail paper forms to businesses, but will send forms to businesses that do not have internet access upon request.
Reports are generally due on and must be certified by September 30 each year. However, extensions may be given at the discretion of the Commission. Note that any report that was filed but not certified may result in a violation notice for the business.