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EEO-1 Frequently Asked Questions and Answers

QUICK LINKS

About the EEO-1 Survey
Who Needs to File the EEO-1
Getting Started with the EEO-1
Completing the EEO-1
Types of Reports
Returning Filers
Multi-establishment Companies
Warning Messages
Miscellaneous

ABOUT THE EEO-1 SURVEY

1. What is the EEO-1 Report?

A. The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey 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 here.

2. Is EEO-1 data confidential?

A. Yes, 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 the employment data derived from any of its compliance surveys. However, 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 directed to the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor.

3. How do the EEOC and Office of Federal Contract Compliance Programs (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.

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WHO NEEDS TO FILE THE EEO-1

1. 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:

  1. Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
  2. 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
  3. 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.

2. Do I need to file if my company has fewer than 50 employees but does have a federal government contract worth $50,000 or more?

A. No, your company must meet both requirements of 50 employees and the government contract worth $50,000 or more.

3. Do State and Local Governments and Elementary-Secondary School Districts/Systems need to file an EEO-1 report?

A. No. State and Local Governments are required to file the EEO-4 Reports only. School districts are only required to file the EEO-5 report.

4. If my company sells Medicaid does that mean that we are a federal government contractor?

A. No. Selling Medicaid is not a federal government contract.

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GETTING STARTED WITH THE EEO-1

1. What is the annual EEO-1 filing deadline?

A. All EEO-1 reports must be submitted and certified no later than September 30th, annually.

2. 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 "click here to register" and follow the online instructions. After submitting the Registration Form, print the next screen as that gives the Login ID and Password.

3. If I am a new company and registered online but didn't receive a login ID and password on the screen, do I need to register again?

A. No, do not register again. You must contact the EEO-1 Joint Reporting Committee by sending an email to E1.lostloginpassword@EEOC.gov so we can look up your login information.

4. 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). The EEOC-approved specifications for creating an EEO-1 data file are available at http://www.eeoc.gov/eeo1survey.

5. Can EEO-1 Reports still be filed by paper?

A. The EEO-1 Joint Reporting Committee prefers that employers file their EEO-1 report by using the on-line filing application or the data file upload method.  If you have any concerns or questions regarding this please send an email to e1.techassistance@eeoc.gov.

6. Do I report locations that are outside of the U.S.?

A. You cannot include locations that are outside of the United States. This excludes all locations outside the 50 states and the District of Columbia, also excluding American Protectorates.

7. What is the difference between a single-establishment and a multi-establishment company?

A. A single-establishment company does business at only one physical address. A multi-establishment company does 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 (see the section "Types of Reports" in FAQ for more detail).

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COMPLETING THE EEO-1

1. From what time period must companies use to extract EEO-1 employment data?

A. Employment data must be pulled from one pay period in July, August, or September of the current survey year.

2. If I think I know an employee's ethnicity, can I just write that in on the report?

A. No. The preferred method of identification is self-identification. Employers need to provide employees the opportunity to self-identify their own ethnicity. If an employee then refuses to do so, employment records or visual observation must be used.

3. Do I include part-time employees?

A. Yes. Part-time employees are included in EEO-1 reporting, and are reported just as full-time employees are.

4. Does the EEO-1 report require applicant data?

A. No. The EEO-1 report requires employment data only.

5. 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.

6. What happens if I do not hit the "certify report" button?

A. Without clicking the "certify report" button, the EEOC will not receive your report. You will receive an EEO-1 violation notice and appear on our non-respondent list even if the rest of the report is completed.

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TYPES OF REPORTS

1. 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 - a Type/Status 1 EEO-1 Report.

2. 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:

  • Type/Status 2 - Consolidated Report (Required) - The Consolidated Report must include all employees of the company categorized by race, gender and job category.
  • Type/Status 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. The Headquarters Report is the only report allowed to have zero employees in it.
  • Type/Status/ 4 - Establishment Report - A separate EEO-1 Type 4 report must be submitted for each physical location with 50 or more employees. Employment data must be categorized by race, gender and job category.
  • Sites With Fewer Than 50 Employees:
    1. Type/Status 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

    2. Type/Status 8 - Establishment Report - Like the Type/Status 4 - Establishment Report, a separate EEO-1 report must be submitted for each establishment employing fewer than 50 employees. In Type 8 reports, employment data must also be categorized by race, gender and job category.

      NOTE: If you choose to create a Type 6 data record/report for each establishment employing fewer than 50 employees, you MUST manually enter data categorized by race, gender and job category to the Type 2 - Consolidated Report to include all company employees. 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.

3. Are companies allowed to record zero employees in any other reports besides the headquarters report?

A. No. The headquarters report is the only report that can indicate zero employees, and only under certain circumstances.

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RETURNING FILERS

1. What happens if I do not hit the "certify report" button?

A. Without certification, the EEOC will not receive the report. You will receive an EEO-1 violation notice and appear on our non-respondent list even if the rest of the report is completed.

2. If my company has previously filed type 6 reports, can I switch to type 8 or vice versa? (Note that this question only applies to multi-establishment companies.)

A. Absolutely. If you feel that using a different type of report would better serve your company, please contact the EEO-1 Joint Reporting Committee. For example, multi-establishment companies with relatively few locations (under 20) may find it easier to utilize type 8 reports, while those with many locations with under 50 employees may find it much easier to use type 6 reports.

Use whichever report type is easiest for your company. Keep in mind that with the type 6 reports, you must manually enter employment data categorized by race, gender, and job category into the Consolidated Report to include all company employees.

If you want to change the type of report for establishments with fewer than 50 employees, you may send an email requesting the change to e1.techassistance@eeoc.gov. Please include your company name and login ID.

3. How can I obtain my company's EEO-1 Login ID and Password?

A. If you are your company's designated EEO-1 contact person or Certifying Official 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 at e1.techassistance@eeoc.gov or at 866-286-6440 (Toll-free).

4. How can I view our company's prior years' reports?

A. Log into the company's database, click "VIEW REPORTS," then click the down arrow under the 'Year,' select the desired year and click the "Refresh Screen" button.

5. 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 address and any other contact information that may have changed (i.e., phone number) in Step No. 2 for single-establishment companies and the Type 2 - Consolidated Report for multi-establishment companies.

6. My company has filed for bankruptcy. Are we still required to file the EEO-1 report?

A. If your company has filed for bankruptcy prior to July 1st in the current year, then you must contact the EEO-1 Joint Reporting Committee at 1-866-286-6440 or send an email to e1.techassistance@eeoc.gov attaching documentation that your company is now out of business. The company will be removed from the mailing list.

7. Are companies able to correct employment information provided in prior years' reports?

A. No.

8. 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. Please include your company's name and the name of the company that your company was spun off from.

9. If my company acquired the assets of another company, does that mean that we acquired the company?

A. No. It basically means that your company may have acquired just the equipment of another company.

10. If I am a PEO (Private Employer Organization) and acquired clients that already filed EEO-1 reports in the past, how do I get their unit numbers moved under the PEO database?

A. If you acquire a client as a PEO, you must contact the EEO-1 Joint Reporting Committee before you start entering any EEO-1 data for that company.

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MULTI-ESTABLISHMENT COMPANIES (MEC's)

1. 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. You must provide employment data by each location.

2. What if I have zero employees at a location? Does it get a Type 6 or 8 filed for it as well?

A. The only location with zero employees that is included on any EEO-1 reports is a headquarters (type 3 only). No other location with zero employees should be included on any EEO-1 documents. Further, locations that previously had employees but no longer have them must be deleted. If employees appear at these locations later, assigned unit numbers that were deleted may be retrieved.

3. If I have used type 6 reports and enter all company employees into the Consolidated Report but do not get the "certify report" button at the top of the screen, what went wrong?

A. This means that there is a data entry error and/or your total employees from the Consolidated Report do not match your total employees from all of your Type 6 reports. You will see negative values in the matrix in the Reconciliation Report to show where the error(s) were made. To certify your EEO-1 Survey, correct these errors, ensure that the data is correct, and when the totals match, the "certify report" button that you must click on will appear at the top of the screen.

4. What is the Reconciliation Report?

A. The Reconciliation Report is there to acknowledge any data entry errors/conflicts in the survey. It is a detailed summary report where errors are identified.

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WARNING MESSAGES

1. If an address is repeated more than once is that okay for EEO-1 reporting?

A. If an address is reported more than once, a pop-up will appear on the screen asking you to verify.

2. 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.

3. I tried to file for a location in a U.S. Protectorate but I received a warning message. What went wrong?

A. The EEO-1 is only collected for those companies and locations in the 50 states and the District of Columbia. Attempting to register a location outside of the United States will lead to you receiving a pop-up warning.

4. If a location has 1,000 or more employees reported on the EEO-1 report would that be a red flag?

A. Yes. There will be a pop-up message asking if there are really 1,000 or more employees at this address alone. If there are, then click yes and proceed. If all 1,000 employees do not work at this one address, you must click on the "add location" button.

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MISCELLANEOUS

1. Are companies able to file for previous years if it was required but we failed to do so?

A. No. There is no way to file for previous years when the deadline has already passed. The EEO-1 online application does not allow employers to file for previous years. Once our database is closed, no more data can be entered for that time interval.

2. Which NAICS code do I use?

A. We have developed a crosswalk between the 2007 and the 2012 NAICS codes if that is how you would like to classify your main business. You can access it here or through the survey's homepage in a plain text version as well.

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