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EEO-1 Report Deadline Almost Here

Volume 9, Issue 8
September 26, 2010

Covered employers must file their Employer Information Report, commonly referred to as the EEO-1 Report, with the U.S. Equal Employment Opportunity Commission ("EEOC") by September 30, 2010. All private employers with 100 or more employees, as well as all federal government contractors and first-tier subcontractors with 50 or more employees and a contract amounting to $50,000.00 or more, are required to submit an EEO-1 Report. The EEO-1 Report process is conducted annually under the authority of Title VII of the Civil Rights Act of 1964.

The EEOC utilizes EEO-1 Report data to support its civil rights enforcement efforts and to analyze employment patterns such as the representation of minority and female employees within companies, industries and regions. Additionally, the U.S. Department of Labor's Office of Federal Contract Compliance Programs uses EEO-1 Report data to select employer facilities for compliance evaluations, especially where its statistical assessment of the data indicates a likelihood of systematic discrimination.

Employers who fail or refuse to file an EEO-1 Report when required to do so may be compelled to submit the report by court order upon application for the same by the EEOC. Willfully making false statements in the EEO-1 Report is punishable by fine or imprisonment. Employers may acquire the information necessary to complete the EEO-1 Report either by visual surveys of the work force, or at their option, through the use of post-employment records pertaining to the identity of employees. While post-hire, self-identification of an employee's race and ethnic information is the preferred method of gathering the required information, if an employee declines to self-identify, employment records or observer identification may be used. When records of an employee's race and ethnic information are maintained, the EEOC recommends that such records be kept separately from the employee's basic personnel file and/or other records available to the individuals responsible for making personnel decisions.

More information regarding EEO-1 Reports may be found by clicking on the following link: http://www.eeoc.gov/employers/eeo1survey/index.cfm.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.