eeo-1 and vets 100 reports: how to maintain compliance · eeo-1 and vets 100 reports: how to...

EEO-1 and VETS 100 Reports: How To Maintain Compliance

Presented by

Michelle Perris

Human Resources Consultant

Today’s Agenda

�EEO-1� Who must file?

� Why is data collected?

� When to file?

� How to file?

� Modifications & Changes

� Self Identification

� Job categories

� Recordkeeping

�VETS 100/100A� Who must file?

� When to file?

� How to file?

� 100 vs. 100A

� Penalties

� Additional Resources

Who must file the EEO-1 Report?

�Private Employers� Subject to Title VII of the Civil Rights Act of 1964

� 100 or more employees excluding State and local governments

� All Federal Contractors (private employers)

� Not exempt

� 50 or more employees

� Prime contractors of first-tier subcontractors

� Have a contract or subcontract (or purchase order) amounting to $50,000 or more

� Serve as a depository of government funds in any amount

� Financial institution which is an issuing or paying agent for US Savings Bonds and Notes

The US Equal Employment Opportunity Commission

�Enforces EEO-1 and VETS 100 Reporting

�Enforces Federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability or genetic information.

�Prohibits harassment by managers, co-workers or others in the workplace based on the same characteristics.

History of EEO-1

�Dates back to 1966

�Used to report anonymous annual data about women and minorities (broadly)

�EEOC uses data to support enforcement of Civil Rights Act

�EEOC revised the EEO-1 in 1997 regarding how race and ethnicity were reported to the government

Why is this data collected?

�Employers have a legal obligation to provide data –it is NOT voluntary

�Data is collected and used for variety of purposes� Enforcement

� Self-assessment by employers

� Research

� Each report collects data about gender, race and ethnicity, and job category and is shared with other authorized federal agencies

� Data is confidential

When to file the Standard EEO-1 Form

�Annual report MUST be filed with Joint Reporting Committee no later than September 30th!� May use any pay-period in July through September of the current survey year

� May request an extension by e-mailing the EEOC beforeSeptember 30th!

� Email [email protected]

How to file …

�Single Establishment Employers

� Must complete a single Standard Form 100, or use alternate filing method

�Multi-Establishment Employers

� Report covering the principal or headquarters office

� Consolidated report that must include all employees by race, sex, and job category in establishments with or without 50 employees

� A list showing the name, address, total employment and major activity for each establishment employing fewer than 50 persons

Where to file …

�Submission of EEO-1 data through the EEO-1 Online Filing System or as an electronically transmitted data file is strongly preferred.

�Paper EEO-1 forms will be generated on request only, in extreme cases where Internet access is not available to the employer. An EEO-1 report submitted on paper must be prepared following the directions

EEO-1 Voluntary Self Identification Form�Forms are for reporting purposes only and should be kept separate from all other personnel records

�Race/Ethnicity� Hispanic or Latino

� White (Not Hispanic or Latino)

� Black or African American (Not Hispanic or Latino)

� Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino)

� Asian (Not Hispanic or Latino)

� American Indian or Alaska Native

� Two or more races

Methods of Collecting Data

1. Offer employees the opportunity to self-identify

2. Provide a statement about the voluntary nature of this inquiry for employees

EEOC’s EEO-1 Job Categories

�Officials and Managers� Executive/Senior Level Officials and Managers

� First/Mid Level Officials and Managers

�Professionals� Agents, Business Managers, Performers, Athletes

� Retailers

� Human Resources, Training and Labor Relations Specialists

� Other Business Operations Specialists

EEOC’s EEO-1 Classification Guide

�Technicians� Drafters

� Engineering Technicians

� Surveying and Mapping Technicians

�Sales Workers� Cashiers

� Retail Sales

� Advertising

� Travel Agents

� Sales Reps


�Administrative Support Workers� Paralegals and Legal Assistants

� Library Technicians

� Teacher Assistants

� Bookkeeping, Accounting, and Auditing Clerks

�Craft Workers� First-line Supervisors

� Carpenters

� Electricians

� Painters


�Operatives� Graders and Sorters

� Engine and Machine Assemblers

� Bakers

�Laborers and Helpers� Grounds Maintenance

� Construction Workers

� Service Station Attendants


�Service Workers� Dental Assistants

� Fire Fighters

� Detectives

� Police Officers

� Bartenders

How to Prepare a Standard Form 100


Section A – TYPE OF REPORT


Section B – COMPANY IDENTIFICATION


Section C – EMPLOYERS WHO ARE REQUIRED TO FILE


Section D – EMPLOYMENT DATA


Section E, F & G


Section E – ESTABLISHMENT INFORMATION

�Major activity should be sufficiently descriptive to identify the industry and product produced or service provided


Section F - REMARKS

�Include remarks, explanations, or other pertinent information regarding the report


Section G - CERTIFICATION

�If completed by headquarters:

�Authorized official should check Item 1 and sign the consolidated report only

�If completed by individual establishments:

�Authorized official should check Item 2 and sign the establishment report

EEO-1 Recordkeeping

�Commission reserves right to impose recordkeeping requirements if those records are necessary for effective operation of EEO-1 reporting system or to accomplish purposes of Title VII or the ADA

�Any personnel or employment record shall be preserved for a period of at least one year from the date of making the record

VETS 100 & 100A

Who must file the VETS-100/100A Reports?

� Requires that eligible contractors submit annual reports regarding the number of protected veteran employees and newhires

� Federal government contractors and subcontractors with contracts of $25,000 (or more), entered into before December 1, 2003 must file VETS-100; if modified since that date, employer must file VETS 100A instead

� Federal government contractors and subcontractors with a contract of $100,000 (or more), entered into on or after December 1, 2003 must file the VETS-100A.

� Depending upon contract timeframes, an employer may need to file both

Increased Focus on Veteran’s

� Increased focus on veterans by OFCCP makes preparation of these reports even more important. Employers subject to these requirements need to be sure to gather information about the veteran's discharge date in order to properly complete the VETS-100/100A forms. A veteran may need to be counted in multiple categories on the VETS-100/100A forms.

When to file theVETS-100/100A Reports?

�The VETS-100 & VETS-100A 2012 filing deadline is September 30th

�Employer should select a date in the current year between July 1st and August 31st that represents the end of a payroll period

How to prepare the VETS-100/100A Reports?


Contact DOL for additional assistance at:

(301) 306-6752 or [email protected]

�Number of Employees: Select any payroll period ending between July 1 and August 31 of the current year. Provide all data for permanent full-time and part-time employees who were special disabled veterans, Vietnam-era veterans, or other protected veterans employed as of the ending date of the selected payroll period.


The Differences Between the VETS-100 /100A Reports?

�VETS-100 Report – Reflects categories of veterans covered under Affirmative Action provisions of VEVERAA prior to the JVA

�Calls for Federal contractors/subcontractors to report number of employees and new hires during the reporting period that are:� Special disabled

� Vets of the Vietnam era

� Other protected vets

� Recently separated vets within 12 moths from discharge or release from active duty

The Differences Between theVETS-100 and 100A Reports?

�VETS-100A Report reflects the categories of veterans covered under the JVA amendments and requests that Federal contractors / subcontractors report the number of employees and new hires during the reporting period belonging to the following categories:� Disabled veterans

� Other protected veterans

� Armed Forces service medal veterans

� Recently separated veterans within 36 months from discharge or release from active duty

How To Submit VETS 100/100A Reports

Single establishment employers must file one completed form. All multi establishment employers must file (A) one form covering the principal or headquarters office: (B) a separate form for each hiring location employing 50 or more persons: and (C) EITHER, (I) a separate form for each hiring location employing fewer than 50 persons, OR (ii) consolidated reports that cover hiring locations within one State that have fewer than 50 employees.

How To Submit VETS 100/100A Reports

Each state consolidated report must also list the name and address of the hiring locations covered by the report. Company consolidated reports such as those required by EEO1reporting procedures are NOT required for the VETS100 Report. Completed reports for the headquarters location and all other hiring locations for each company should be mailed in one package to the address indicated on the front of the form.

Penalties for Failure to File the VETS 100 Report

�Two types of sanctions for noncompliance�The OFCCP generally attempts to negotiate a mutually acceptable remedy to resolve the major violation OR,

� Federal legislation forbids Federal Contracting Officers to award or modify Federal contracts unless the VETS-100 Reports have been submitted

Additional Resources

� http://www.eeoc.gov/employers/eeo1survey/index.cfm.

�[email protected]

Want More Information?

Contact us…

[email protected]

Michelle PerrisJ.W. Terrill

(314) [email protected]

The recommendations and opinions provided herein are based on general Human Resources management fundamentals, practices and principles and are not legal opinions or guaranteed outcomes. We strongly recommend as part of a team approach to management, that clients consult with legal counsel of their choice to address legal concerns related to human resource

issues.

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eeo-1 and vets 100 reports: how to maintain compliance · eeo-1 and vets 100 reports: how to...

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