Employment Law -- Employee
The EEOC's EEO-1 Standard Form
In this article
- When And Where Must An Employer File An EEO-1?
- How Do I File An EEO-1 (Standard Form 100) If I Am A Multi-Establishment Employer?
- What If An Employer Determines That The Preparation Or Filing Of The EEO-1 Causes An Undue Hardship?
- Under Title VII, How Long Does An Employer Need To Preserve Personnel Or Employment Records?
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 yearend figures may continue to do so. The completed report should be forwarded in one package to the address indicated in the survey mail out memorandum.
All multiestablishment employers, employers doing business at more than one establishment, must file:
- a report covering the principal or headquarters office;
- a separate report for each establishment employing 50 or more persons;
- 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
- 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 multiestablishment 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 the 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.
What If An Employer Determines That The Preparation Or Filing Of The EEO-1 Causes An Undue Hardship?
An employer who claims that preparation or the filing of EEO1 Standard Form 100 would create undue hardship may apply to the EEOC for a special reporting procedure. In such cases, the employer is required to submit in writing an alternative proposal for compiling and reporting information to the EEOC addressed to: The EEO1 Coordinator, EEOCSurvey Division, 1801 L Street, N.W., Washington, D.C. 20507.
The employer may also contact the local EEOC office for further direction. Only those special procedures approved in writing by the Commission are authorized. Such authorizations remain in effect until notification of cancellation is given. Public reporting burden for this collection of information is estimated to average three and seven tenths (3.7) hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. A response is defined as one survey form.
The EEOC requires employers subject to Title VII to preserve personnel and employment records, including application forms, for a minimum period of six months from the date of making record or taking the personnel action involved, whichever occurs later. Records relevant to any charge of discrimination must be maintained until final disposition of the charge or litigation. States can and have increased this requirement under their own antidiscrimination laws. The EEOC also requires that employers having 100 or more employee to file a Standard Form 100, (also known as an EEO1 report). The employer is obliged to obtain necessary supplies of this form and file its report prior to the annual filing date each year. The employer must also retain a copy of its most recent report for each reporting unit at its facility, or at its company or divisional headquarters, and to make available a copy to the EEOC upon request.
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