Ask the Experts: EEO-1 Filing | Virginia Employee Benefits

0923Question: What is the EEO-1 report, which companies need to file it, and where do we get the data for the report?

Answer: The EEO-1 report is a compliance survey mandated by Title VII of the Civil Rights Act. All employers with 15 or more employees are covered by Title VII and are required to keep employment records as specified by Equal Employment Opportunity Commission (EEOC) regulations. Based on the number of employees and federal contract activities, certain large employers are required to file an EEO-1 report on an annual basis. The survey requires company employment data to be categorized by race/ethnicity, gender, and job category. You can review a sample copy of the EEO-1 form and instructions here.

The EEO-1 survey must be filed annually by September 30. All companies that meet the following criteria are required to file the EEO-1 report each year:

  • Companies subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
  • Companies 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.

The employment data used for the report should be obtained from one pay period in July, August, or September of the current survey year. The report requires employment data only for full-time and part-time employees, not applicant or independent contractor data. Employees must be counted by sex and race or ethnic category for each of the 10 occupational categories and subcategories. The EEOC provides further guidance about employee and job classifications here.