Last week, the Equal Employment Opportunity Commission (EEOC) announced that it had completed its mailing of the 2013 EEO-1 Survey Notification Letters. The EEOC collects workforce data from employers with more than 100 employees (lower thresholds apply to federal contractors). Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary. The EEO-1 report requires employers to provide a count of their employees by job category and then by ethnicity, race and gender.
The filing deadline this year is Sept. 30, 2013.
If you have not received your notification letter by the end of July and your company meets the requirements for filing, you should contact EEO-1 Joint Reporting Committee toll free at 866-286-6440 or e-mail at email@example.com.
If you are a first time filer, the EEO has created a website as a starting place to help you through the process.
Penalties for not filing
The penalties for failure to report by a federal contractor or subcontractor may include termination of the federal government contract and debarment from future federal contracts. Non-government contractors can face penalties and legal fees for not meeting reporting requirements. The information you submit must be truthful. If it is determined that you willfully made false statements in an EEO-1 Report, you can face fines or imprisonment.
DO YOU NEED TO FILE?
If you meet the following criteria, you must file the Standard Form 100:
Private employers If you have 100 or more employees EXCLUDING 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; OR
If you have have fewer than 100 employees but your company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that your organization legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
All federal contractors (private employers). If you are (1) not exempt as provided for by 41 CFR 60-1.5; (2) have 50 or more employees; and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or (b) serve as a depository of government funds in any amount, or (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
If an employer claims that the preparation or filing of the report would create undue hardship, the employer may apply to the Commission for an exemption from the requirements.
HOW TO FILE
This year, the EEOC is trying to make the process easier and according to the instructions, the strongly preferred method for completing the EEO-1 report is through the web-based online filing system.
In fact, paper EEO-1 forms will be generated by request only and only in extreme cases where Internet access is not available. An EEO-1 report submitted on paper must be prepared following the directions on the form.
In order to ensure your data is kept private, all data submitted online will be encrypted. You can find your Login ID and Password necessary to file online in the Notification Letter.
The EEO-1 like many other government requirements can be complex. If you unsure about your obligations, we can help you better understand your requirements and ensure compliance. Or, you should contact an Employment attorney to assist you with the filing.