Changes to the EEO-1: Part 1 & now Part 2

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The annual EEO-1 Part 1 was due May 30, 2019. Part 2 is due September 30, 2019

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 contractor or first-tier subcontract amounting to $50,000 or more.

Exclusions include State and local governments, school systems, Indian tribes, and private clubs, Puerto Rico, the Virgin Islands, and other American Protectorates.

The EEO-1 Part 1 Report is a compliance report that is mandated by federal statute and regulations. It requires company employment data to be categorized by race/ethnicity, gender and job categories. The EEO-1 Part 2 Report is a new mandatory form.  Here is a sample of the new form https://eeoccomp2.norc.org/assets/documents/Comp2EEO1OnlineFilingSampleForm.pdf  

Employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they have 100 or more employees during the 2017 workforce snapshot period. Furthermore, employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they have 100 or more employees during the 2018 workforce snapshot period.  Federal contractors and other private employers with fewer than 100 employees are not required to report Component 2 compensation data.

EEO-1 Part 2 has 12 pay bands within each EEO-1 category.  Similar to Part 1, you will have to count by race/gender categories within each band, by location.  You will also have to report the total hours worked. You MUST use W-2 BOX 1 EARNINGS for each person in your data file for 2017 and 2018. 

Both the EEOC (Equal Employment Opportunity Commission) and OFCCP (Office of Federal Contract Compliance Program) 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 a statistical assessment of EEO-1 data to select facilities where the likelihood of systematic discrimination is the greatest.

 

Reference:  DOL.gov