As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.

Employers with employees who “regularly report” to client sites must now report such employees on an appropriate EEO-1 report using the address of the client site – as opposed to reporting them using the employer’s address. The employees would not be on the client’s EEO-1 reports or combined therewith, but rather made in connection with the employer’s own EEO-1 reporting. The details are set forth on page 5 of the “How to File an EEO-1 Report” and page 132 of the “2017 EEO-1 User Guide.” The guidance does not define or provide a benchmark as to what is considered “regularly” reporting.

The implications of this for OFCCP audits are unknown at this time, but conceivably, since OFCCP relies on EEO-1 reports as part of its audit selection process, if an employer files a Type 4 EEO-1 report reflecting 50 or more of its employees at the address of a client, the report may be a factor triggering an OFCCP compliance evaluation of that establishment. It is too soon to know the full effect of this change, or the position OFCCP will take on it, but it is something to keep in mind.