The EEO-1 Online Filing System is now open for employers to submit 2017 EEO-1 Reports, the Equal Employment Opportunity Commission (EEOC) announced on Jan. 24, 2018. Employers with 100 or more employees and certain federal contractors must use the online system to report 2017 employment data. EEO-1 Reports are due by March 31, 2018. The EEO-1 Report is an annual survey required by the federal government under Title VII of the Civil Rights Act (Title VII).
- Employers that previously filed EEO-1 Reports should receive an EEOC notification letter in the mail by Jan. 29, 2018, and should follow the accompanying instructions for 2017 filing.
- Employers that expect to, but do not receive a notification letter should contact the EEOC.
- Employers filing EEO-1 Reports for the first time must register to receive a company login, password and further instructions for filing from the EEOC.
The EEO-1 Report is a federally mandated survey that collects workforce data from employers. The data is categorized by race, ethnicity, sex and job category. The EEOC uses this information to enforce federal prohibitions against employment discrimination and discriminatory pay practices.
Employers Subject to EEO-1 Reporting Requirements
With limited exceptions, the following entities must file EEO-1 Reports by March 31 every year:
- A private employer that has 100 or more employees (with limited exceptions for schools and other organizations);
- A private employer with between 15 and 99 employees, if it is part of a group of employers that legally constitutes a single enterprise, which employs a total of 100 or more employees; and
- A federal contractor that has 50 or more employees and is either a prime contractor or first-tier subcontractor, and has a contract, subcontract or purchase order amounting to $50,000 or more.
Although the EEOC sends notification letters to employers it knows to be subject to the EEO-1 requirements, all employers are responsible for obtaining and submitting the necessary information prior to March 31. An employer that fails or refuses to file an EEO-1 Report as required may be compelled to do so by a federal district court. Federal contractors also risk losing their government contracts for failures to comply.
If the preparation or filing of an EEO-1 Report would create undue hardship, an employer may send a written request for an exemption or for special reporting procedures to the EEOC. Employers may also obtain a one-time, 30-day extension of the EEO-1 filing deadline by emailing a request to the EEOC. The EEOC does not grant any exemptions or extensions requested after the March 31 filing deadline.
2017 EEO-1 Report
Employers subject to 2017 EEO-1 reporting must submit their reports by either:
- Entering data directly into the EEO-1 online filing system; or
- Uploading a data file (which must meet certain specifications) into the online system.
The 2017 EEO-1 survey requires information about an employer’s workforce from any payroll period in the fourth quarter of calendar year 2017. When completing the EEO-1, employers must use data from only one payroll period in either October, November or December 2017. Employers must include information about both part-time and full-time employees. The survey does not require information about job applicants.
The EEOC encourages employers that need EEO-1 filing assistance to send an email to the agency’s technical assistance inbox. Employers may also find more guidance on the EEOC’s 2017 EEO-1 Survey website.