Employers have many compliance requirements to follow. Some may be better known, such as ACA 1094/195 reporting, while others may hide in the shadow carrying heavy risk should a government agency come knocking on the door to audit. Part of my role in our client’s business is watching for areas that may impact them and making sure they are aware of areas that may impact them.
The next compliance deadline to be aware of is the EEO-1 (Equal Employment Opportunity) Reporting which is due May 17th, 2022.
What is EEO-1 Reporting?
It’s a mandatory report submitted to the EEOC by employers that shows the racial/ethnicity and gender breakdown of their workforce. It’s required by Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972, which prohibit employment discrimination based on:
Do you need to report?
If you are not familiar with this reporting, it may be ok because not all employers are required to report. The Equal Employment Opportunity Commission (EEOC) provides the details of who must file this annual report. If an employer answers YES to any of the following questions, then a report will need to be filed by the deadline:
Does the entire company (at all locations combined) have at least 100 employees?
Is the company affiliated through common ownership or centralized management with other entities in an enterprise with a total employee count of 100 or more?
Does the company or any of its establishments have a contract with the federal government worth $50,000 or more and have 50 or more employees?
Is the company or any of its establishments a federal government contractor that serves as a depository of government funds in any amount or a financial institution that is an issuing and paying agent for U.S. Savings Bonds and Savings Notes in any amount?
Three out of four questions are self-explanatory. Out of the list, number 2 is probably the one that has the most questions from employers. Because of the complexity of figuring out common ownership or centralized management, the determination for a company should be run through the company’s legal representative for determination.
EEO-1 data reports must include employment data from a "workforce snapshot period," which is any pay period from October through December. When counting employees to determine if an employer is required to submit EEO-1 data, only employees on the payroll during the workforce snapshot period are counted.
This information is shared with other authorized federal agencies to avoid duplicate collection of data and aims to reduce the burden placed on employers. Although the data is confidential, aggregated data is available to the public.
If you answered yes to any of the questions, make sure to get started right away on this report. To complete the report you may need to do surveys with employees and make observatory guesses to complete it accurately and timely. For more information on EEO-1 reporting, visit the EEOC website at https://www.eeoc.gov/employers/eeo-1-data-collection or contact one of OmniaHR certified HR Consultants today!