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EEO-1 Frequently Asked Questions and Answers
Q. What is the EEO-1 Report?
A. The EEO-1 Report is a compliance survey report that is mandated by federal statute and regulations and requires company employment data to be categorized by race/ethnicity, gender and job category. A sample copy of the EEO-1 form and instructions are available at http://www.eeoc.gov/eeo1survey .
Q. What companies are required to file the EEO-1 report?
A. 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.
Q. What is the annual EEO-1 filing deadline?
A. The annual EEO-1 filing deadline is September 30th.
Q. From what time period must companies use to extract EEO-1 employment data?
A. Employment data must be extracted from one pay period in July, August or September of the current survey year.
Q. Does the EEO-1 report require applicant data?
A. No. The EEO-1 report requires employment data only.
Q. What is the difference between a single-establishment company and a multi-establishment?
A. A single-establishment company is doing business at only one physical address. A multi-establishment company is doing business at two or more physical addresses. Single-establishment companies are only required to submit one EEO-1 data record/report. Multi-establishment companies are required to submit a separate EEO-1 data record/report for the headquarters establishment and each remaining establishment of the company, including establishments employing fewer than 50 employees.
Q. How many EEO-1 data records/reports is a single-establishment company required to submit?
A. A single-establishment company is required to submit only one EEO-1 data report – Status/Type 1 EEO-1 Report.
Q. How many EEO-1 data records/reports is a multi-establishment company required to submit?
A. Multi-establishment companies are required to submit the following types of EEO-1 data reports:
- Status/Type 2 – Consolidated Report (Required) – The Consolidated Report must include all employees of the company categorized by race, gender and job category.
- Status/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. Headquarters reports are allowed to have zero employment.
- Status/Type 4 – Establishment Report – A separate EEO-1 report must be submitted for each physical location where 50 or more employees are working. Employment data for each such establishment must be categorized by race, gender and job category.
- Establishments Employing Fewer Than 50 Employees:
- 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; or
- Status/Type 8 – Establishment Report – Like the Status/Type 4 – Establishment Report, a separate EEO-1 report may be submitted for each establishment employing fewer than 50 employees where employment data for each such physical location must also be categorized by race, gender and job category.
If you choose to create a Type 6 data record/report for each establishment employing fewer than 50 employees, you MUST manually enter employment data categorized by race, gender and job category to the Type 2 – Consolidated Report. 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.
Q. How should employees who telework, i.e. work from home, be reported on the EEO-1 report?
A. Employees who telework, i.e. work from home, must be included in the EEO-1 report for the location to which they report. DO NOT indicate home addresses for these employees.
Q. How can I obtain my company’s EEO-1 Login ID and Password?
A. If you are the company’s designated EEO-1 contact person for the company’s previous year’s EEO-1 report, send an email request to e1.lostloginpassword@eeoc.gov. If you are the company’s new designated EEO-1 contact person, contact the EEO-1 Joint Reporting Committee.
Q. I deleted several establishments and received the following message:
“You deleted 25% or more of your company's establishment. You must contact the EEO-1 Joint Reporting Committee immediately at 866.286.6440 (Toll-free) or E1.TECHASSISTANCE@EEOC.GOV!”.
What does this message mean? What should I do?
A. You will not be able to certify your report if you have deleted 25% or more of your company’s locations. In this instance, you must contact the EEO-1 Joint Reporting Committee at 866.286.6440 (toll free) for assistance.
Q. My company has experienced an acquisition, merger, or spin-off since the last survey reporting period. How should these changes be reflected in this year’s survey report?
A. If your company has experienced an acquisition or merger since the last survey period, send an email to e1.acquisitionsmergers@eeoc.gov . If your company has experienced a spin-off since the last survey reporting period, send an email to e1.spinoffs@eeoc.gov .
Q. Our company has several locations. Can we report our entire workforce on the Headquarters Report?
A. Absolutely not! Employment data must be entered separately for each location of the company.
Q. Are companies able to correct employment information provided in prior years’ reports?
A. No.
Q. My company has filed for bankruptcy. Are we still required to file the EEO-1 report?
A. Send an email, attaching documentation that your company is out of business to e1.techassistance@eeoc.gov. The company will be removed from the mailing list.
Q. Our Company has moved. How do we change our address for filing the EEO-1?
A. Log into the company’s EEO-1 online database and update the EEO-1 contact information in Step No. 2 for single-establishment companies and the Type 2 – Consolidated Report for multi-establishment companies.
Q. Are there alternate EEO-1 Reporting Formats?
A. The preferred and most efficient method of submitting EEO-1 reports is through the EEO-1 Online Filing Application or as an electronically transmitted data file (ASCII/TEXT file). Companies may also submit EEO-1 reports as computer printouts. Paper EEO-1 forms will only be generated upon request and only under extreme circumstances where Internet access is not available. The EEOC-approved specifications for creating an EEO-1 data file and submission of EEO-1 reports as computer printouts are available at http://www.eeoc.gov/eeo1survey .
Q. My company is required to file the EEO-1 report for the first time. How do I obtain an EEO-1 Login ID and Password?
A. Register the company online at http://www.eeoc.gov/eeo1survey . Click FILING FOR THE FIRST TIME and follow the online instructions. After submitting the Registration Form, print the next screen as that screen indicates the Login ID and Password.
Q. How can I view our company’s prior years’ reports?
A. Log into the company’s database, click VIEW REPORTS, click the down arrow under the ‘Year’, select the desired year and click the Refresh Screen button.
Q. How do the EEOC and OFCCP use EEO-1 survey data?
A. Both the EEOC and OFCCP have used EEO-1 data since 1966. The EEOC uses EEO-1 data to support civil rights enforcement and to analyze employment patterns, such as the representation of female and minority workers within companies, industries or regions. The OFCCP uses EEO-1 data to determine which company establishments to select for compliance reviews. OFCCP’s system uses statistical assessment of EEO-1 data to select facilities where the likelihood of systematic discrimination is the greatest.
Q. Is EEO-1 data confidential?
A. The EEOC is prohibited by federal statute, i.e. Section 709(e) of Title VII of the Civil Rights Act of 1964, as amended, from making public employment data derived from any of its compliance surveys. Many years ago, the courts ruled that the prohibition against disclosure in Title VII does not apply to federal government prime contractors or first-tier subcontractors. However, requests for employment data for federal government prime contractors/first-tier subcontractors must be direct to the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor.