All companies that meet the following criteria are required to file the EEO-1 report annually:
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more
Employers are required to submit summary data which includes:
- Job Category,
- Gender and
Additionally, they will now be required to submit:
- Pay (W-2 Wages) and
- Hours Data The pay data will be reported in a series of pay bands, and the hours will be aggregated by all individuals that fall into the gender, ethnicity, job category, and pay band criteria. This expanded reporting takes effect immediately due to a recent court ruling and the expanded data requirements are due by September 30th, 2019.
The deadline for an employer to file their 2018 component 1 EEO-1 form is May 31st, 2019. Despite a recent court ruling and EEOC announcement this deadline does not change. However, it is important to note that expanded reporting is additionally due September 30th, 2019. Here employers will be required to include pay and hours data for both the 2017 and 2018 reporting years. Further guidance will be provided by the EEOC and they have announced that they anticpate opening the portal for the additonal data to open sometime in mid-July.
Multi-establishment companies are required to submit the following types of EEO-1 data reports:
- Type 2 - Consolidated Report (Required) - The Consolidated Report must include all employees of the company categorized by race, gender and job category.
- Type 3 - Headquarters Report (Required) - The Headquarters Report must include employees working at the main office site of the company and those employees that work from home that report to the corporate office. Employment data must be categorized by race, gender and job category. A separate EEO-1 report for the headquarters establishment is required even if there are fewer than 50 employees working at the headquarters establishment.
- Type 4 - Establishment Report - A separate EEO-1 Type 4 report must be submitted for each physical establishment with 50 or more employees. Employment data must be categorized by race, gender and job category.
- Sites With Fewer Than 50 Employees:
- Type 8 - Establishment Report - A separate EEO-1 report must be submitted for each establishment employing fewer than 50 employees. Like the Type 4 - Establishment Report, Type 8 report employment data must also be categorized by race, gender and job category.
- Type 6 - Establishment List - The establishment name, complete address and total number of employees must be provided for each physical location where fewer than 50 employees are working;
- NOTE: If you choose to create a Type 6 data report for each establishment employing fewer than 50 employees, you MUST manually enter data categorized by race, gender and job category to the Type 2 - Consolidated Report to include all company employees. If you choose to create a Type 8 report for each establishment employing fewer than 50 employees, you must enter employment data categorized by race, gender and job category for each Type 8 report. The employment data entered for each such establishment will automatically populate the Type 2 - Consolidated Report.