The deadline for designated employers to file their annual Employer Information Report (“EEO-1”) with the Equal Employment Opportunity Commission (“EEOC”) isSeptember 30, 2015.

The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category. The form is used by the EEOC to obtain information 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 Office of Federal Contract Compliance Programs (“OFCCP”) uses the data to determine which employers to select for compliance reviews. OFCCP's system uses statistical assessment of EEO-1 data to select facilities where the likelihood of systematic discrimination is the greatest.

An employer is required to file an EEO-1 with the EEOC’s Joint Reporting Committee if it meets the following criteria:

  • Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
  • 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 contractor first-tier subcontract amounting to $50,000 or more.

For employers meeting any of the criteria above, the filing of an EEO-1 is required by law and is not voluntary. Failure to file an EEO-1 can result in financial penalties, and for government contractors also can include debarment or ineligibility for federal contracts.