EEO-1 and VETS 100 Reports:
How To Maintain Compliance
Presented by
Michelle Perris
Human Resources Consultant
Today’s Agenda
EEO-1
VETS 100/100A
Who must file?
Who must file?
Why is data collected?
When to file?
When to file?
How to file?
How to file?
100 vs. 100A
Modifications & Changes
Penalties
Self Identification
Additional Resources
Job categories
Recordkeeping
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 before
September 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
EEOC’s EEO-1 Classification Guide
Administrative Support Workers
Paralegals and Legal Assistants
Library Technicians
Teacher Assistants
Bookkeeping, Accounting, and Auditing Clerks
Craft Workers
First-line Supervisors
Carpenters
Electricians
Painters
EEOC’s EEO-1 Classification Guide
Operatives
Graders and Sorters
Engine and Machine Assemblers
Bakers
Laborers and Helpers
Grounds Maintenance
Construction Workers
Service Station Attendants
EEOC’s EEO-1 Classification Guide
Service Workers
Dental Assistants
Fire Fighters
Detectives
Police Officers
Bartenders
How to Prepare a
Standard Form 100
How to Prepare a Standard Form 100
Section A – TYPE OF REPORT
How to Prepare a Standard Form 100
Section B – COMPANY IDENTIFICATION
How to Prepare a Standard Form 100
Section C – EMPLOYERS WHO ARE
REQUIRED TO FILE
How to Prepare a Standard Form 100
Section D – EMPLOYMENT DATA
How to Prepare a Standard Form 100
Section E, F & G
How to Prepare a Standard Form 100
Section E – ESTABLISHMENT
INFORMATION
Major activity should be sufficiently
descriptive to identify the industry and
product produced or service provided
How to Prepare a Standard Form 100
Section F - REMARKS
Include remarks, explanations, or other
pertinent information regarding the report
How to Prepare a Standard Form 100
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 new
hires
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?
How to prepare the
VETS-100/100A Reports?
Contact DOL for additional assistance at:
(301) 306-6752 or [email protected]
How to prepare the
VETS-100/100A Reports?
How to prepare the
VETS-100/100A Reports?
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 the
VETS-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 Perris
J.W. Terrill
Q& A
(314) 594-2700
[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.