What Are EEO-1 Reports?

The U.S. Equal Employment Opportunity Commission ("EEOC") and the U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") require certain employers to annually report information regarding the composition of their workforce.  The EEOC in turn uses the information to, among other things, analyze the patterns of female and minority employment and employment discrimination.  The OFCCP uses the data to determine which federal contractors and first-tier subcontractors to select for audits.

Who Must Submit EEO-1 Reports?

• All private employers with 100 or more employees;
• All private employers that: (1) are affiliated with at least one other company through common ownership and/or centralized management; and (2) with that other company or companies together have a total of 100 or more employees.
• All prime government and first-tier subcontractors that : (1) have 50 or more employees; (2) are not exempt under 41 CFR 60-1.5; and (3) have a contract, subcontract or purchase order that totals to $50,000 or more.
• All companies that: (1) have 50 or more employees; (2) are not exempt under 41 CFR 60-1.5; and (3) are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes or serve as a depository of government funds.
• 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 do NOT have to submit a report. 

What Are VETS 100 and VETS 100A Reports?

The U.S. Department of Labor ("DOL") and the Veterans' Employment and Training Service ("VETS") have legal authority to collect and compile data on the employment of veterans with federal contractors and subcontractors.  Thus, certain federal contractors and subcontractors are now required to submit one of two reports (VETS-100 or VETS 100A) and in some cases, both reports. The reports seek information regarding the employment of: disabled veterans, other protected veterans, Armed Forces service medal veterans and recently separated veterans.

Who Must Submit VETS 100 or VETS 100A Reports?

• All federal contractors and subcontracts that have an active contract that: (1) was entered or modified on or after December 1, 2003; and (2) has a value of $100,000 or greater.
• All federal contractors and subcontractors that have an active contract that: (1) was entered into prior to December 1, 2003; and (2) has a value of more than $25,000.

Tips For Complying With The Sept. 30th Deadline

• Employers are encouraged to submit reports online; 
• Data submitted must include all full and part-time employees; 
• Data submitted for 2009 EEO-1 reports may be data from any pay period between July and September 2009; 
• If an extension is needed, it must be requested before September 30th.  An extension for the EEO-1 report may be requested via email sent to: e1.extensions@eeoc.gov; 
• Info regarding job applicants does not need to be included in reports.  Only information related to actual employees;
• The information submitted by employers is confidential and will only be used for the agency's articulated purposes;
• Employers are strongly encouraged to ask their employees to self-identify their race or ethnicity for purposes of completing the form and to only rely on visual identification when an employee refuses to self-identify;
• Employers may not force employees to self-identify their racial or ethnic classification.
• Employees should be told that their participation in this process is voluntary.  The EEOC provides a sample notice that can be provided to employees to explain to them why the information is being requested and to confirm that their participation is not mandatory.  This sample language is found on page 5 of the following: http://www.eeoc.gov/eeo1/instruction_rev_2006.pdf
• If an employer is completing a VET form related to a contract entered prior to December 1, 2003, the employer will be asked to identify employees in different categories than what are applicable to more recent contracts.
• Specifically, the categories that apply to older contracts are: veterans of the Vietnam era, special disabled veterans, other protected veterans, and recently separated veterans.  

For more information on EEO-1 reporting and definitions for the relevant categories, please go to:

http://www.eeoc.gov/eeo1survey/index.html

For more information on VETS 100/100A reporting and definitions for the relevant categories, please go to: 

https://vets100.vets.dol.gov/

Online forms for your use are found at:

http://www.eeog.gov/eeo1survey/eeo1.pdf
http://www.dol.gov/vets/programs/fcp/main.htm
http://www.dol.gov/vets/programs/fcp/main.htm

Should you have any questions regarding whether your company must file an EEO-1 or VETS report and/or if you need any assistance in completing your form(s), please feel free to contact Renea Saade or your other Oles Morrison Rinker & Baker LLP attorney contact.  Renea regularly assists employers with their reporting compliance obligations and may be reached at saade@oles.com or 907.258.0106.