EEO-1 Report Filing on the Horizon

By Lehr Middlebrooks Vreeland & Thompson, P.C.

January 26, 2018

EEO-1 reports must be submitted to the Joint Reporting Committee by March 31, 2018. The Joint Reporting Committee is comprised by the EEOC and the Office of Federal Contract Compliance Programs (OFCCP). If you recall, the filing period was suspended based upon the EEOC’s efforts to require compensation analysis as part of the EEO-1 report. That has been put on hold pending more comprehensive review.

The EEO-1 report is required by employers with 100 or more employees or employers with at least 50 employees and $50,000 per year in government contracts. When filing the report, the analysis is based upon all employees—full time and part time—during the look back period, which is the last quarter of 2017 (October, November and December).

If an employer is a multi-location employer, a report must be filed for each facility with 50 or more employees. Furthermore, a report must be filed for the headquarters, regardless of the number of employees. Also, a consolidated report must be filed for all locations with 50 or more employees. Finally, for those employers with multiple locations, the report must include the address of those locations with fewer than 50 employees.

Our colleague, JW Furman, was an EEOC investigator and mediator. She said during her investigation of approximately 1,500 EEOC charges, she did not recall ever seeing an employer’s EEO-1 report requested as part of the investigation. Realistically, the greatest risk to employers of action by a regulatory agency over the EEO-1 report is from OFCCP. However, employers need to give careful consideration to how to complete the report in the event that if OFCCP or EEOC reviews the report, nothing stands out to initiate some type of investigation or charge.

If your organization is required to comply with submitting an EEO-1 and has not done so, please contact us to review the process of how this could be established without drawing attention to your organization.