As a reminder to all employers with EEO-1 reporting requirements, the next filing deadline for EEO-1 Reports is Friday, September 30, 2011. The filing deadline for VETS 100/100A reports are also coming up – the filing deadline for these reports has been extended beyond the standard date of September 30th to November 30, 2011.  However, an Employer may file its VETS 100/100A reports anytime between September 30th and November 30, 2011.

What Are EEO-1 Reports?

The “EEO-1 Report” is the Employer Information Report (Standard Form 100) that certain employers are required to annually file with the U.S. Equal Employment Opportunity Commission (EEOC).  The EEOC prefers employers complete the survey online using its secure web-based form, but paper forms are also available to complete. The form requests information regarding the composition of the employer’s current work force.  The form asks the employer to provide a count of its employees by job category and then by ethnicity, race and gender. Information regarding applicants or former employees need not be included in the report.

To complete the form, employers may use employment numbers from any pay period in the third quarter of the year (so, for this reporting period, it would be from any payroll period in July, August or September of 2011).  The contents of the reports submitted remain confidential but are used by the EEOC, the Office of Federal Contract Compliance Programs (OFCCP) and the Department of Labor for statistical analysis and to decide which employers to audit for compliance with applicable civil rights laws.

Who Must Submit EEO-1 Reports?

An employer is obligated to file an EEO-1 Report if it is:

•  A private employer has 100 or more employees;
•  A private employer who has less than 100 employees but is owned by a company, affiliated with another company or there is centralized ownership,  control or management (such as shared personnel policies or labor relations) so that the combined companies legally constitute a single enterprise that  employs 100 or more employees;
• A private employer who: (1) is a federal contractor; (2) has 50 or more employees; and (4) is a prime contractor or first-tier subcontractor and has a contract, subcontract or purchase order that totals $50,000 or more;
•  A private employer who: (1) is a federal contractor; (2) has 50 or more employees; and (3) serves as a depository of government funds in any amount or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

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 are not required to file EEO-1 Reports.  Additionally, employer establishments located in Puerto Rico, the Virgin Islands or other American Protectorates are also excused from this reporting requirement.

Tips for Completing Your EEOC Reports.

A few EEOC issued instructions and tips to keep in mind:

• Units at different physical locations, even though engaged in the same kind of business operation, must be reported as separate establishments.
• For locations involving construction, transportation, communications, electric, gas, and sanitary services, oil and gas fields, and similar types of physically dispersed industrial activities, however, it is not necessary to list separately each individual site, project, field, line, etc., unless it is treated by the employer as a separate legal entity.
• Employers cannot force their employees to self-identify their ethnicity, gender or race.  Instead, participating in a self-reporting survey must be voluntary.  If an employee declines to self-identify, the employer may use employment records or observations to complete the form.
• If a prime contractor is subject to these reporting requirements, it has an obligation to notify its subcontractors of these reporting requirements at the time the subcontract is awarded.
• If a contractor is obligated by its contracting officer to confirm that it has complied with these reporting requirements, the contractor may notify the contracting officer via ordinary written correspondence.  No formalized form or special language is necessary.
• Employers should maintain a copy of their EEO-1 related records but these records should be kept separately from personnel files or other records available to those at the company responsible or involved in making hiring, firing, promoting or other personnel related decisions.
•  If an employer cannot meet the Sept. 30th deadline, it must request an extension via email.  The email should be sent to e1.extensions@eeoc.gov and include the company’s name, phone number, address, and the contact information for the person responsible for the report.
• Employers should have received filing materials by mid-August from the EEOC.  If you have never filed before, you must create a login ID and password. To register for one, use this link:  https://egov.eeoc.gov/eeo1/register.jsp

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 subcontracts.  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?

An employer is obligated to file a VETS 100 or VETS 100A Report if it is:

• A federal contractor or subcontractor that has 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.

• A federal contractor or subcontractor that has 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 Completing your VETS 100 and/or VETS 100A Reports.

A few DOL instructions and tips to keep in mind when completing your reports:

• Copies of the regulations implementing the reporting requirements are available at: http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064807954c2 http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064807954c2
• If a contractor has a current Government contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003 (and not modified on or after that date) and a current Government contract or subcontract in the amount of $100,000 or more that was entered into or modified on after December 1, 2003, than that contractor must submit both the VETS-100A and the VETS-100 Reports.
• To determine the “reporting period” for purposes of completing the VETS-100 and VETS-100A Reports, the contractor first selects a date in the current year between October 1 and November 30 that represents the end of a payroll period.  The 12-month period preceding the selected payroll period ending date is the 12-month reporting period. 
• Under the regulations, a federal contractor is required to invite applicants to inform the contractor whether he/she is a veteran belonging to one or more of the categories who wishes to benefit under the contractor’s affirmative action program for covered veterans. Except in limited circumstances, the contractor is to extend the invitation to self-identify as a special disabled veteran or a disabled veteran after an employment offer has been made and before the applicant begins work. Contractors are to inform applicants that the information is requested is on a voluntary basis. 
• Contractors and subcontractors are not required to survey their current workforce or solicit information about veterans’ status for purposes of completing the reports.

For more information on EEO-1 reporting or to complete the survey online please go to:http://www.eeoc.gov/employers/eeo1survey/index.cfm

A copy of the form (in pdf format), sample language that can be used to explain to employees why they are being asked to self-identify their ethnicity/race/gender, additional detailed instructions on how to complete the form ,and definitions for the terms used in the form can all be found at: http://www.eeoc.gov/employers/eeo1survey/2007instructions.cfm

Frequently asked questions concerning the form and its requirements as well as answers to those questions provided by the U.S. Equal Employment Opportunity Commission can be found at:

http://www.eeoc.gov/employers/eeo1survey/faq.cfm

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 and to complete are found at:http://www.dol.gov/vets/programs/fcp/main.htm

Renea I. Saade and Allison L. Pehl are attorneys with the employment law group at Oles Morrison Rinker & Baker LLP.  They may be reached at 206.623.3427 and saade@oles.com or pehl@oles.com

This notice is provided for educational purposes only and should not be construed as or used in lieu of legal advice.  If you have any questions regarding your EEO-1 and/or VETS 100/100A reporting requirements, please consult an attorney.