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Get ready for a change to EEO-1 reporting.

By February 3, 2016July 23rd, 2018Human Resources

by Laura Pokrzywa

EEO-1 blog3Since 1966, employers with federal contracts or with 100 or more employees have been required to report the number of workers they have in specific job categories, breaking the numbers down by ethnicity, race and sex. These statistics have been reported to the U.S. Equal Employment Opportunity Commission (EEOC) as part of the annual Employer Information Reports (EEO-1) filed by covered employers. Late last month, the EEOC proposed a change to the EEO-1 that includes a significant addition. Covered employers may soon be required to include the number of hours worked and W-2 earnings for each employee, as well.

EEO-1 blogThe EEOC provides data collected via the EEO-1 reports to the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor. In a recently released fact sheet, the EEOC says, “The pay data would help EEOC and OFCCP improve enforcement of federal pay discrimination laws. It also would promote voluntary compliance with the law and help employers avoid enforcement actions.”

The first EEO-1 with pay data would be due on September 30, 2017. The proposed EEO-1 form is available for inspection on the EEOC website. Interested members of the public can provide comments until April 1, 2016. For more information about submitting a comment, refer to the official Notice and Request for Comment published by the Federal Register.

This year’s EEO-1, due September 30, 2016, will not include pay data or hours worked.

If you can answer yes to any of the following questions, you are required to file:

  1. Does the entire company have at least 100 employees in the payroll period for which you are reporting?
  2. Is your company affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more?
  3. Does the company or any of its establishments (a) have 50 or more employees AND (b) is not exempt as provided by 41 CFR 60-1.5, AND either (1) is a prime government contractor or first-tier subcontractor, and has a contract, subcontract, or purchase order amounting to $50,000 or more, or (2) 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 Savings Notes?

If you have questions about EEO-1 reporting, send us an email at

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