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EEO-1 Reporting due September 30

September 02, 2008

The Employer Information EEO-1 survey (Standard Form 100) is conducted annually and needs to be filed by September 30, 2008. The form is under the authority of Public Law 88-352, Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972.

Based on the number of employees and federal contract activities, certain employers are required to file an EEO-1 report on an annual basis.

In the interests of consistency, uniformity and economy, Standard Form 100 was jointly developed by the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, as a single form which meets the statistical needs of both programs. In addition, this form can be a valuable tool for companies to use in evaluating their own internal programs for ensuring equal employment opportunity.

As stated above, the filing of Standard Form 100 is required by law; it is not voluntary. Under section 709(c) of Title VII, the Equal Employment Opportunity Commission may compel an employer to file this form by obtaining an order from the United States District Court.

Who Must File

The Form 100 must be filed by ?

A. All private employers: subject to Title VII (1) with 100 or more employees excluding state and local governments, primary and secondary school systems, institutions of higher learning, Indian tribes and tax-exempt private membership clubs other than labor organizations; OR (2) with fewer than 100 employees if the company is owned or affiliated with another company, or there is central ownership, control or management so that the group constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.

B. All federal contractors (private employers), who: have 50 or more employees, and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; OR (b) serve as a depository of Government funds in any amount, OR (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

How to File

The EEOC recommends filing on-line. Filing may also be accomplished with computer generated reports.

All single-establishment employers, i.e., employers doing business at only one establishment in one location, must complete a single Form 100.

All multi-establishment employers, i.e., employers doing business at more than one establishment, must file: (1) a report covering the principal or headquarters office; (2) a separate report for each establishment employing 50 or more persons; (3) a consolidated report that must include all employees by race, sex and job category in establishments with 50 or more employees as well as establishments with fewer than 50 employees; and (4) a list, showing the name, address, total employment and major activity for each establishment employing fewer than 50 persons, must accompany the consolidated report.

The total number of employees indicated on the headquarters report, plus the establishment reports, plus the list of establishments with fewer than 50 employees, must equal the total number of employees shown on the consolidated report.

All forms for a multi-establishment company must be collected by the headquarters office for its establishments or by the parent corporation for its subsidiary holdings and submitted in one package.

For purposes of this report, the term parent corporation refers to any corporation which owns all or the majority stock of another corporation so that the latter stands in the relation to it of a subsidiary.

When to File

This annual report must be filed with the Joint Reporting Committee not later than September 30.

Employment figures from any pay period in July through September may be used. Those employers with previous written approval to report year-end figures may continue to do so.

Should you have questions regarding the EEO-1 report, please contact Phil Richards, Director of Client Services at 423-764-4127.