Private employers with 100 or more employees are generally required to file an Employer Information Report or EEO-1 Report by September 30 of each year. Additionally, federal contractors with 50 or more employees are also generally required to file an EEO-1 Report by September 30.
The Standard Form 100 (EEO-1) must be filed by all private employers which are subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 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 subject to Title VII who have fewer than 100 employees if the 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 the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
Additionally, the Standard Form 100 must be filed by all federal contractors (private employers) who are not exempt as provided for by 41 CFR 60-1.5, have 50 or more employees, and are prime contractors or first-tier subcontractors and have a contract, subcontract, or purchase order amounting to $50,000 or more, or serve as a depository of Government funds in any amount, or are financial institutions which are issuing and paying agents for U.S. Savings Bonds and Notes. Only those establishments located in the District of Columbia and the 50 states are required to submit the Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates.
All employers which conduct business at only one establishment in one location (single-establishment employers) must complete a single form or use one of the alternate filing methods. All employers which conduct business at more than one establishment (multi-establishment employers) must file a report covering the principal or headquarters office; a separate report for each establishment employing 50 or more persons; a consolidated report that must include all employees by race, sex, and job category in establishments with 50 or more employees, as well as establishments with fewer than 50 employees; and a list with the name, address, total employment, and major activity for each establishment employing fewer than 50 persons. The total number of employees indicated on the headquarters report, plus the establishment reports, plus the list of establishments with fewer than 50 employees, must equal the total number of employees shown on the consolidated report.
All forms for a multi-establishment company must be collected by the headquarters office for its establishments or by the parent corporation for its subsidiary holdings and submitted in one package. For the purposes of this report, the term Parent Corporation refers to any corporation which owns all or the majority stock of another corporation which is considered a subsidiary.
Employers may acquire the necessary race/ethnicity information either by forms completed by employees who self identify or by visual observation for employees who refuse to self identify. Records should be maintained in separate, confidential files for at least one year after this report is made.
The preferred method for completing the EEO-1 is the web-based filing system. The reporting options and other information may be found at the below website.
What employers need to do:
For additional information, please review the EEOC’s website at http://www.eeoc.gov/eeo1survey/.
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