As discussed elsewhere in the Manual, EEO-1 reports are required of all private employers who are:
- Subject to Title VII, as amended, and have 100 or more employees excluding state and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations; or
- Subject to Title VII and have fewer than 100 employees if the company is owned by or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
All federal contractors who are private employers file the report if they are not exempt under 41 CFR 60-1.5, have 50 or more employees,270 and:
- Are prime contractors or first-tier subcontractors, and have a contract, subcontract or purchase order amounting to $50,000 or more; or
- Serve as a depository of Government funds in any amount; or
- Are financial institutions that are issuing and paying agents for U.S. Savings Bonds and Notes.
The filing deadline is set by EEOC and is generally in September each year. Only those establishments located in the District of Columbia and the 50 states are required to submit an EEO-1. No reports are filed for establishments in Puerto Rico, the Virgin Islands or other U.S. Territories.
COs must retrieve a contractor’s two most recent EEO-1 reports from the Equal Employment Data System (EEDS). The EEDS is designed to provide information annually on the EEO characteristics of supply and service contractors and other employers. The system contains five years of EEO-1 data. The EEO-1 report includes the three report types below detailing various aspects of multi-establishment corporations.271
- Type 2 report. A consolidated report that covers all employees corporate-wide, including those at headquarters and those in establishments too small to require a separate establishment report.
- Type 3 report. A headquarters report covering employees at the corporate headquarters location.
- Type 4 report. A separate report for each establishment employing 50 or more people.
FCCM 4B12, Evaluation of EEO-1 Reports, reviews the possible uses of this information. If the EEO-1 information is not available through the EEDS system, a CO should request this data from the contractor directly.
270. With the September 29, 2016 modification of the EEO-1 Report form to include the collection of compensation information, all private employers with l00 or more employees will report summary pay data, including hours worked, by sex and ethnicity or race, by EEO-1 job category. As of the publication of this 2019 version of the FCCM, the first employer compensation data reporting must occur by September 30, 2019. Federal contractors and subcontractors with 50-99 employees and other private employers with 100 or more employees will continue to report the number of individuals they employ by job category and by sex and ethnicity or race, consistent with established practice.
271. A single-establishment company is required to submit only one EEO-1 data report - a Type 1 EEO-1 Report.