Question: We are a private employer and had 100 employees for a portion of last year, but for the rest of the year we had fewer than 100 employees. Are we required to file an EEO-1 report?

Answer: All private employers that are covered by Title VII and have 100 or more employees must file an EEO-1 report that includes data about each employee’s race, gender, EEO-1 job category, and physical location (and now, pay). The workforce snapshot is a pay period between October 1 and December 31 of the reporting year. Therefore, if the employer did not meet the 100-employee threshold by the start of the workforce snapshot in the current survey year, then that employer is not required to file an EEO-1 report because it does not meet the employee-count threshold.

The number of employees does not include applicants or non-employees such as independent contractors; however, it does include part-time and telecommuting employees.

All companies that meet the following criteria are required to file the EEO-1 report annually:

• Those that are subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
• Those that are 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
• Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.

Instructions for completing the survey and more are available on the Equal Employment Opportunity Commission (EEOC) website, with frequently asked questions available here and registration here.

Reporting Opens Today

The EEO-1 reporting period opens March 18, 2019, and reports must be submitted by May 31, 2019. Have more questions on EEO-1 reporting? Perhaps we have answered them here, here, or here.

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