When your company starts to expand, hiring new talent may be needed to aid in the growth. However, hiring new employees comes with many different responsibilities you might not have come across with just a few of you on the team. Depending on how many employees you have in your business will determine if you need to file an EEO-1 report. What is an EEO-1 report, you ask?
The EEO report is basically a compliance survey required by federal regulations; this report categorizes the company’s employment data by gender, race, ethnicity, and job category. It’s commonly referred to as a Standard Form 100 and is filed with the Equal Employment Opportunity Commission to get a breakdown of their employee workforce.
Title 7 in The Civil Rights Act of 1967 is what brought upon the requirement of EEO reporting- this act mandates certain companies to report on both the gender and racial diversity of their employees (also known as component 1 data.) To be considered an “equal opportunity employer” all companies with 15 or more employees must file their EEO-1 report, but just because companies must comply with this Act, doesn’t mean they need to file the EEO-1 report.
Who Must File an EEO-1 Report?
You will be required to file one of these reports if you are a private employer that either:
- Has 100+ employees, not including “state and local governments, public primary and secondary school systems, institutions of higher education, American Indian and Alaska Native tribes, and tax-exempt private membership clubs other than labor organizations” (1) and is subject to Title 7 of the Civil Right Act of 1964.
- Has fewer than 100 employees but is owned by or affiliated with a company that employs over 100 people.
All private employers must also fill this out if they:
- Have 50+ employees and
- Are top-tier subcontractors with a government contract, subcontract, or purchase order over $50,000 or
- Are a government funds depository or
- Are an issuing & paying agent for the US Savings Notes & Bonds
Companies need to fill this out only if the business operates within one of the 50 states.
Who isn’t Required to File a Standard Form 100?
Federal contractors with less than 50 employees, along with private companies that have under 100 are not required to do this.
There is one exemption for federal contractors with over 50 employees, which is the regulation 41 CFR 60-1.5.
What Does This Form Include?
- A list of all part-time and full-time employees
- Number of reports company is filing
- Total employees per job category, race, and gender
- EIN number
- Last year’s total number of reports filed
- Payroll dates
- Contact info- email/phone number
The best way to do this is to list all employees by job category, race, gender, and location. Location only applies is you are a multi-location business- this needs to be specified too.
If you have multiple establishments you also must include:
- Type-2 Consolidated Report: all employees
- Type-3 Headquarters Report: employees located at the main location vs those who work from a different office or their home. This needs to be filed regardless of the number of employees at HQ.
- Type-4 Establishment Report: This is for listing every establishment that has 50+ employees
Do you have fewer than 50 employees at each location?
- Type-6 Establishment List: This is to report the names, address, and number of employees per location with fewer than 50 employees
- Type-8 Establishment Report: You need to file a different EEO-1 report per location with less than 50 employees.
The deadline for 2019 data was pushed back and is now being collected at the same time as 2020’s data, which is on March 31, 2021.
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