EEO-1 Frequently Asked Questions and Answers

QUICK LINKS

About the EEO-1 Survey

Who Needs to File the EEO-1?

Getting Started with the EEO-1

Completing the EEO-1

Types of Reports

Returning Filers

Multi-establishment Companies

Warning Messages

EEO-1 Survey Online Filing Application Questions

Miscellaneous

Key Terminology and Definitions

ABOUT THE EEO-1 SURVEY

1. What is the EEO-1 Report?
   
   A: 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. A sample copy of the EEO-1 form and instructions are available here.
2. Is EEO-1 data confidential?
   
   A: The EEOC is prohibited by federal statute, (i.e. Section 709(e) of Title VII of the Civil Rights Act of 1964, as amended), from making public the employment data derived from any of its compliance surveys. Many years ago, the courts ruled that the prohibition against disclosure in Title VII does not apply to federal government prime contractors or first-tier subcontractors. However, requests for employment data for federal government prime contractors/first-tier subcontractors must be directed to the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor.
3. How do the EEOC and Office of Federal Contract Compliance Programs (OFCCP) use EEO-1 survey data?
   
   A: Both the EEOC and OFCCP have used EEO-1 data since 1966. The EEO-1 Report is used by the agencies to collect data from private employers and government contractors about their women and minority workforce. The agencies also use the EEO-1 Report data to support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries or regions.

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WHO NEEDS TO FILE THE EEO-1

1. What companies are required to file the EEO-1 report?
   
   A: All companies that meet the following criteria are required to file the EEO-1 report annually:
   
   1. Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
   2. 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
   3. 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.
2. Do I need to file if my company has fewer than 50 employees but does have a federal government contract worth $50,000 or more?
   
   A: No, your company must meet both requirements of 50 employees and the government contract worth $50,000 or more.

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GETTING STARTED WITH THE EEO-1

1. What is the annual EEO-1 filing deadline?
   
   A: All EEO-1 reports must be submitted and certified no later than March 31st, annually.
   
   PLEASE NOTE: THE FILING DEADLINE FOR THE 2017 EEO-1 SURVEY HAS BEEN EXTENDED TO FRIDAY, JUNE 1, 2018.
   
   
2. My company is required to file the EEO-1 report for the first time. How do I obtain an EEO-1 company number and password?
   
   A: Register the company online at http://www.eeoc.gov/eeo1survey and use the link "click here to register" and follow the online instructions.  After submitting the registration form, print the next screen as that gives the company number and password.
3. If I am a new company and registered online but didn't receive a company number and password on the screen do I need to register again?
   
   A: No. You must contact the EEO-1 Joint Reporting Committee so we can look up your login information and email it to you.
4. Are there alternate EEO-1 Reporting Formats?
   
   A: The preferred and most efficient method of submitting EEO-1 reports is through the EEO-1 Online Filing Application or as an electronically transmitted datafile (ASCII/TEXT file).  The EEOC-approved specifications for creating an EEO-1 datafile is available at http://www.eeoc.gov/eeo1survey.   Only upon approval will paper EEO-1 forms be generated and only under extreme circumstances where Internet access is not available.
5. Do I report establishments that are outside of the U.S.?
   
   A: No.  You cannot include establishments that are outside of the United States or the District of Columbia.
6. What is the difference between a single-establishment and a multi-establishment company?
   
   A: A single-establishment company does business at only one physical address. A multi-establishment company does business at two or more physical addresses. Single-establishment companies are only required to submit one EEO-1 data record/report. Multi-establishment companies are required to submit a separate report for the headquarters, a separate report for each establishment of the company with 50 or more employees, and separate report for each establishment with fewer than 50 employees, and a consolidated report that includes all employees. (See the section "Types of Reports" in FAQ for more detail).
7. What about employees who work at client sites?
   
   A: It has come to the EEOC's attention that there may be some confusion as to how employers are to report employees working at client sites. Some employers have been reporting the address of client sites for employees, while other employers have instead been rolling those employees up to a non-client site employer address. Given this confusion, employers will not be considered "non-compliant" if they have chosen one approach over the other - either reporting by client site or by non-client site employer address. EEOC is considering how to address client site reporting.

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COMPLETING THE EEO-1

1. From what time period must companies use to extract EEO-1 employment data?
   
   A: Employment data must be pulled from one pay period in October, November, or December of the current survey year.
2. If I think I know an employee's ethnicity, can I just write that in on the report?
   
   A: No. Self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 report. If an employee declines to self-identify, employment records or observer identification may be used.
3. Do I include part-time employees?
   
   A: Yes. Both full and part-time employees are included in EEO-1 reporting.
4. Does the EEO-1 report require applicant data?
   
   A: No. The EEO-1 report requires employment data only.
5. How should employees who telework, i.e. work from home, be reported on the EEO-1 report?
   
   A: Employees who telework, i.e. work from home, must be included in the EEO-1 report for the establishment to which they report. DO NOT indicate home addresses for these employees.
6. What happens if I do not hit the "certify report" button?
   
   A: Without clicking the "certify report" button, the EEO-1 Joint Reporting Committee (JRC) will not receive your report. You will receive a notification of violation and considered not in compliance.

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TYPES OF REPORTS

1. How many EEO-1 data records/reports is a single-establishment company required to submit?
   
   A: A single-establishment company is required to submit only one EEO-1 data report - a Type 1 EEO-1 Report.
2. How many EEO-1 data records/reports is a multi-establishment company required to submit?
   
   A: Multi-establishment companies are required to submit the following types of EEO-1 data reports:
   • Type 2 - Consolidated Report (Required) - The Consolidated Report must include all employees of the company categorized by race, gender and job category.
   • Type 3 - Headquarters Report (Required) - The Headquarters Report must include employees working at the main office site of the company and those employees that work from home that report to the corporate office. Employment data must be categorized by race, gender and job category. A separate EEO-1 report for the headquarters establishment is required even if there are fewer than 50 employees working at the headquarters establishment.
   • Type 4 - Establishment Report - A separate EEO-1 Type 4 report must be submitted for each physical establishment with 50 or more employees. Employment data must be categorized by race, gender and job category.
   • Sites With Fewer Than 50 Employees:
     1. Type 8 - Establishment Report - A separate EEO-1 report must be submitted for each establishment employing fewer than 50 employees. Like the Type 4 - Establishment Report, Type 8 report employment data must also be categorized by race, gender and job category.

        OR

     2. Type/Status 6 - Establishment List - The establishment name, complete address and total number of employees must be provided for each physical  location where fewer than 50 employees are working;

        NOTE: If you choose to create a Type 6 data report for each establishment employing fewer than 50 employees, you MUST manually enter data categorized by race, gender and job category to the Type 2 - Consolidated Report to include all company employees. If you choose to create a Type 8 report for each establishment employing fewer than 50 employees, you must enter employment data categorized by race, gender and job category for each Type 8 report. The employment data entered for each such establishment will automatically populate the Type 2 - Consolidated Report.

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RETURNING FILERS

1. If my company has previously filed type 6 reports, can I switch to type 8 or vice versa? (Note that this question only applies to multi-establishment companies).
   
   A: Absolutely. If you feel that using a different type of report would better serve your company, please contact the EEO-1 Joint Reporting Committee. For example, multi-establishment companies with relatively few establishments (under 20) may find it easier to utilize type 8 reports, while those with many establishments with under 50 employees may find it much easier to use type 6 reports.
   
   Use whichever report type is easiest for your company. Keep in mind that with the type 6 reports, you must manually enter employment data categorized by race, gender, and job category into the Consolidated Report to include all company employees.
   
   If you want to change the type of report for establishments with fewer than 50 employees, you may send an email requesting the change to e1.techassistance@eeoc.gov. Please include your company name and company number.
2. How can I obtain my company's EEO-1 company number and password?
   
   A: Your company number is located on your company's annual notification letter.  If you are your company's designated EEO-1 contact person or certifying official for the company's previous year's EEO-1 report, you may use your company number located on your notification letter and the contact's email id to obtain your password at https://egov.eeoc.gov/eeo1/login.jsp.
   
   If you are the company's new designated EEO-1 contact person, please send a letter, on your company's letterhead stating such. The letter must be dated, signed by an approving official and emailed to the EEO-1 Joint Reporting Committee at e1.techassistance@eeoc.gov or faxed to 1-877-392-4647 (Toll-free).
3. How can I view our company's prior years' reports?
   
   A: Log into the company's database, click "VIEW REPORTS," then click the down arrow under the 'Year,' select the desired year and click the "Refresh Screen" button. 
4. Our Company has moved. How do we change our address for filing the EEO-1?
   
   A: Log into the company's EEO-1 online database, click "Edit EEO-1" and answer all questions.  In the Type 2 Consolidated report screen you will be allowed to edit the address.  This will also change the address for the Type 3 Headquarter report. To update the telephone number, scroll through the screens in the Type 2 Consolidated report until you reach the "Contact Information" screen and update information, as appropriate.  For single-establishment companies, log into your database and begin with Step 1 of "6 Steps to EEO-1 Completion". 
5. My company has filed for bankruptcy. Are we still required to file the EEO-1 report?
   
   A: If your company has filed for bankruptcy prior to October 1st in the current year, then you must contact the EEO-1 Joint Reporting Committee at 1-866-286-6440 or send an email to e1.techassistance@eeoc.gov attaching documentation that your company is now out of business. The company will be removed from the mailing list.
6. Are companies able to correct employment information provided in prior years' reports?
   
   A: No.
7. My company has experienced an acquisition, merger, or spin-off since the last survey reporting period. How should these changes be reflected in this year's survey report?
   
   A: If your company has experienced an acquisition or merger since the last survey period, send an email to e1.acquisitionsmergers@eeoc.gov.   For mergers, your email should include the names and company numbers (if known) of all companies affected by the merger, the name and address of the corporate headquarters and the name of the new company. For an acquisition, your email should include the name, address, and company number of both the acquiring and the acquired companies.  If a company acquired a small company that otherwise would not be required to file the EEO-1 report, or a company that has not previously filed EEO-1 report, the acquiring company may proceed with adding an establishment and filing for the new employees. If your company has experienced a spin-off since the last survey reporting period, send an email to e1.spinoffs@eeoc.gov. Please include the name, address, and company number (if known) of the current parent company.  Additionally, please include the establishment considered to be the new headquarters that should be spun off in employer EEO-1 database with a list of all physical addresses for the new company.
8. My company files using Type 8 Establishment Reports and it acquired another company which used Type 6 Establishment Lists. How should I file for our establishments employing fewer than 50 employees?
   
   When the acquired company is merged under the acquiring company's database, the Type 6 Establishment Lists reports will be converted to Type 8 Establishment Reports.
9. My company just acquired a small company that was not required to file EEO-1 Reports in the past. Do I still need to send an email to e1.acquisitionsmergers@eeoc.gov. before filing my reports?
   
   When a corporation acquires a small company that would otherwise not be required to file EEO-1 Reports, that corporation can proceed with adding an establishment(s) for that small company. There is no need to send an email.

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MULTI-ESTABLISHMENT COMPANIES (MEC's)

1. Our company has several establishments. Can we report our entire workforce on the Headquarters Report?
   
   A: No. Employment data must be entered separately for each establishment of the company. You must provide employment data by each establishment.
2. What if I have zero employees at a location? Does it get a Type 6 or 8 filed for it as well?
   
   A: Locations that previously had employees but no longer have them must be deleted. If employees appear at these locations later, assigned unit numbers that were deleted may be retrieved.
3. What happens to a Type 6 record if more than 50 employees are entered into it?
   
   A Type 6 record can only be used for locations with less than 50 employees. Upon entering a total number of employees of more than 50 for a location, you will receive an error message "A Type 6 record can only be used for locations with an employee count greater than 0 and less than 50". The Type 6 Establishment List report must be deleted and the establishment added to the database as a Type 4 Establishment report.
4. If I have used type 6 reports and enter all company employees into the Consolidated Report but do not get the "certify report" button at the top of the screen, what went wrong?
   
   A: This means that there is a data entry error and/or your total employees from the Consolidated Report do not match your total employees from your Type 3 Headquarters report, any and all Type 4 Establishments reports, and all of your Type 6 reports. You will see negative values in the matrix in the Reconciliation Report to show where the error(s) were made. To certify your EEO-1 Survey, correct these errors, ensure that the data is correct, and when the totals match click the "certify report" button that appears at the top of the screen.
5. What is the Reconciliation Report and why is it appearing?
   
   A: The Reconciliation Report is there to acknowledge any data entry errors/conflicts in the survey. It is a detailed summary report where errors are identified.  The Reconciliation Report appears when "Type 6" Establishment List Reports for establishments with less than 50 employees are being used.  To the left of the Reconciliation Report, an "I" will be displayed when negative values appear in the report grid.  Negative values indicate that the individual reports do not add properly to your Consolidated Report.  When the Consolidated Report totals equal the total employees in all individual reports, the column to the left of the Reconciliation Report will have a "C" displayed indicating that you may now certify your reports.
6. My company has several establishments that are located at the same address. Do we submit separate reports for each entity?
   
   A: If the establishments that are located at the same address AND have the same North American Industry Classification System (NAICS) code and the same EIN, the establishments MUST be combined into only one report. If your company is unable to combine these records due to corporate structure, please consult Item 5 "Requests for Information and Special Procedures found in the EEO-1 Instruction Booklet.
7. Am I required to provide my company's Employer Identification Number (EIN)?
   
   A: Yes, companies must provide an Employer Identification Number (EIN) for each location.
8. What happens to my unit number after a merger or acquisition?
   
   A: The Unit Number follows each establishment. If you have issues with this contact the EEO-1 Joint Reporting Committee at e1.acquisitionsmergers@eeoc.gov.

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WARNING MESSAGES

1. If an address is repeated more than once is that okay for EEO-1 reporting?
   
   A: If an address is reported more than once, a pop-up will appear on the screen asking you to verify. More clarification on what/where is might occur
2. I deleted several establishments and received the following message:
   
   "You deleted 25% or more of your company's establishments. You must contact the EEO-1 Joint Reporting Committee immediately at 866.286.6440 (Toll-free) or E1.TECHASSISTANCE@EEOC.GOV!"
   
   What does this message mean? What should I do?
   
   A: You will not be able to certify your report if you have deleted 25% or more of your company's establishments. In this instance, you must contact the EEO-1 Joint Reporting Committee at 866.286.6440 (Toll free) for assistance and provide explanation of what happened to those establishment.
3. I tried to file for a location in a U.S. Protectorate but I received a warning message. What went wrong?
   
   A: The EEO-1 is only collected for those companies and establishments in the 50 states and the District of Columbia. Attempting to register or add an establishment outside of the United States will lead to you receiving a pop-up warning.
4. If a location has 1,000 or more employees reported on the EEO-1 report would that be a red flag?
   
   A: Yes. There will be pop-up message asking if there are really 1,000 or more employees at this address alone. If there are, then click yes and proceed.  If all 1,000 employees do not work at this one address, you must click on the "Add Establishment" button and add an establishment report for each establishment.  Employees may not consolidate employees into one establishment report.

 

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EEO-1 SURVEY ONLINE FILING APPLICATION QUESTIONS

1. How do I save my entries within the EEO-1 Survey Online Filing application?
   
   A: There is no need to save. As you move from one screen to another, the application saves as you go. You can close your browser and return another day to finish.
2. How do I print an EEO-1 report for my records?
   
   A: You can print an EEO-1 report before or after you certify the results. On the screen that displays all of your establishments, a button labeled "Go" is shown to the left of each of your sites. To the left of that is a drop-down list of choices. If you click on the arrow beside the list, all the choices will be displayed. The choice "Print PDF" will create a more professional looking report than "Print HTML". After you have made your choice, press the "Go" button and a copy of your EEO-1 report should appear.  Choose "File" from your menu and then choose "Print".  After printing, hit the "Back" button on your browser.
3. How do I know when I am finished?
   
   A: To the left of each of your sites, there is a status column with either a "C" meaning complete or an "I" meaning Incomplete.  As each report is finished, the "I" will change to a "C". When all reports have a "C", a button labeled "Certify Reports" will appear at the top of the screen. By pressing this button and the "Certify" button on the next screen, you are informing us that you have finished.
4. How do I add an "Establishment List" for my establishments with less than 50 employees?
   
   A: To create an Establishment List for establishments with less than 50 employees, choose the button labeled "Add Establishment". Then choose the "Type 6" report. If you have a large number of these types of establishments, there is a new option to upload this information from a spreadsheet. For this option, return to the main menu and select the button "Upload EEO-1 File".

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MISCELLANEOUS

1. Are companies able to file for previous years if it was required but we failed to do so?
   
   A: No. There is no way to file for previous years once the survey has been closed. The EEO-1 online application does not allow employers to file for previous years. Once our database is closed, no more data can be entered for that time interval.

1. Which NAICS code do I use?
   
   A: We have developed a crosswalk between the 2012 and the 2017 NAICS codes if that is how you would like to classify your main business. You can access it within the application or through the survey's homepage in a plain text version.
2. What is the significance of the EIN identification number?
   
   A. The requirements to provide the employer identification number (EIN) for each establishment location will be more carefully monitored than they have been in the past.
3. Am I required to file pay data for my employees during the 2017 EEO-1 Survey Reporting Period?
   
   A. No.

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KEY TERMINOLOGY AND DEFINITIONS

Key Terminology and Definitions - to review terminologies and definitions relevant to EEO-1 survey filing.

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