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The Employer Information Report (EEO-1 Component 1) (EEO-1 Report), Standard Form 100, is collected annually under the authority of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et. seq., as amended (Title VII). All employers with 15 or more employees are covered by Title VII and are required to keep employment records as specified by Commission regulations. Based on the number of employees and federal contract activities, certain employers are required to file an EEO-1 Component 1 Report on an annual basis under the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) regulations.
See the Appendix of this document for the applicable provisions of Section 709(c) of Title VII, and the applicable EEOC regulations, Sections 1602.7-1602.14, Chapter XIV, Title 29 of the Code of Federal Regulations (CFR). State and local governments, public school systems, educational institutions, and local referral unions are covered by other employment reports and are excluded from the Employer Information Report (EEO-1), Standard Form 100.
In the interests of consistency, uniformity and economy, Standard Form 100 has been jointly developed by the EEOC and OFCCP, as a single form which meets the statistical needs of both programs.
As stated above, the filing of the Employer Information Report (EEO-1), Standard Form 100, is required by law; it is not voluntary. Under Section 709(c) of Title VII, the Equal Employment Opportunity Commission may compel an employer to file this form by obtaining an order from the United States District Court.
Under Section 209(a) of Executive Order 11246, the penalties for failure by a federal contractor or subcontractor to comply may include termination of the federal government contract and debarment from future federal contracts.
The Employer Information Report (EEO-1), Standard Form 100, Component 1, must be filed by –
(A) All private employers who are (1) subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees EXCLUDING State and local governments, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes and tax-exempt private membership clubs other than labor organizations; OR (2) subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors who (1) are not exempt as provided for by 41 CFR 60-1.5; (2) have 50 or more employees; (3) are prime contractors or first-tier subcontractors; and (4) have a contract, subcontract, or purchase order amounting to $50,000 or more; OR serve as depositories of Government funds in any amount; or are financial institutions which are issuing and paying agents for U.S. Savings Bonds and or savings notes.
Establishments located in the District of Columbia and the 50 states are required to submit Employer Information Report (EEO-1), Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands, or other American Protectorates.
a. EEO-1 Component 1 Electronic Filing Requirement:
EEO-1 Component 1 reporting is an electronic, online application. The EEOC requires that EEO-1 Component 1 Reports be submitted via the EEO-1 Component 1 Online Filing System. Data can be entered directly into the online application or submitted as an electronically transmitted data file.
b. Single-establishment employers,
i.e., employers doing business at only one establishment complete a single EEO-1 Component 1 online data record.
c. Multi-establishment employers,
i.e., employers doing business at more than one establishment must complete online: (1) a report covering the principal or headquarters office (Type 3 Report or Headquarters Report); (2) a separate establishment report (Type 4 Report) for each establishment employing 50 or more persons; and (3) a separate establishment report (Type 8 Report) for each establishment employing fewer than 50 employees, OR an “Establishment List” (Type 6 Report), showing the name, address, and total employment for each establishment employing fewer than 50 persons. For the EEO-1 Component 1 Online Filing System, employers using “Establishment” List reports (Type 6 Report), must enter all employment data into the “Consolidated” Report (Type 2 Report). In the EEO-1 Component 1 Online Filing System, all keyed employment data including data from the establishment Type 8 “Establishment” Reports will automatically transfer to populate the overall Consolidated Report (Type 2 Report).
The total number of employees indicated on the headquarters report, PLUS the establishment reports, PLUS the list of establishments employing fewer than 50 employees, MUST equal the total number of employees shown on the Consolidated Report. Employment data for multi-establishment companies, including parent corporations and their subsidiary holdings, must report all employees working at each company establishment or subsidiary establishment. For purposes of this report, the term parent corporation refers to any corporation which owns all or the majority stock of another corporation so that the latter relates to it as a subsidiary.
The EEO-1 Component 1 Report for calendar years 2019 and 2020 must be filed no later than August 23, 2021. This filing deadline date is posted on the EEOC’s dedicated website for its EEO data collections at www.EEOCdata.org, and on the EEOC’s public website at www.eeoc.gov. For the workforce snapshot pay period, employment figures from any one pay period between October 1st and December 31st in the applicable calendar year may be used as the workforce snapshot pay period.
All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(e), as amended (Title VII) and may not be made public by the EEOC prior to the institution of any proceeding under Title VII involving the EEO-1 Component 1 data. Any EEOC employee who violates this prohibition may be found guilty of a criminal misdemeanor and could be fined or imprisoned. The confidentiality requirements allow the EEOC to publish only aggregated data, and only in a manner that does not identify any particular filer or reveal any individual employee’s personal information.
Pursuant to 29 CFR § 1602.10, if an employer claims that the preparation or filing of the report would create undue hardship, the employer may apply to the Commission for an exemption. Employers must submit requests in writing to Filersupport@eeocdata.org. Requests for special reporting procedures or alternative reporting under 29 CFR § 1602.10 should also be submitted to the Commission in writing to Filersupport@eeocdata.org. Requests under 29 CFR § 1602.10 should be submitted to the Commission prior to the filing deadline for the report. For the 2019 and 2020 EEO-1 Component 1 data collection, the filling deadline is Monday, August 23, 2021.
Comments regarding this collection of information, including suggestions for reducing burden, can be sent at any time to: Filersupport@EEOCdata.org and:
Paperwork Reduction Act (3046-0049)
Office of Management and Budget
Washington, DC 20503
The full text of the OMB regulations on the Paperwork Reduction Act may be found at 5 CFR Part 1320.
Single-Establishment Company – Required Report
(1) Single-establishment Report (Type 1 Report)
Multi-Establishment Company – Required Reports
(2) Consolidated Report (Type 2 Report)
(3) Headquarters Report (Type 3 Report)
(4) Establishment Report (Type 4 Report) (Establishments with 50 or more employees)
(8) Establishment Report (Type 8 Report) (Establishments with less than 50 employees) (Option 1)
(6) Establishment List Report (Type 6 Report) (Establishments with less than 50 employees) (Option 2)
Refers to the company name and address of the headquarters office of the multi-establishment company (Type 2 and Type 3 Reports); or the establishment name and address.
All employers required to file the EEO-1 Component 1 Report MUST answer these four questions in reference to the “workforce snapshot” pay period (i.e., employment figures from any pay period between October 1st and December 31st of the reference year):
- Did the company or any of its establishments have 50 or more employees AND have a federal contract or subcontract amounting to $50,000 or more?
- Did the company or any of its establishments have 50 or more employees AND serve as an issuing and paying agent for U.S. Savings Bonds?
- Did the company employ 100 or more employees?
- Was the company affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more?
Employment data must include ALL full-time and part-time employees who were employed during the pay period selected by the employer between October 1 and December 31 of the reference year (i.e., workforce snapshot pay period), except those employees specifically excluded as indicated in the Appendix. Employees must be counted by sex and race/ethnicity for each of the ten occupational categories. See Appendix for detailed explanation of the job categories and race and ethnicity identification.
Employers must report total employees in the workforce snapshot pay period for each job category. Additionally, each employee must be counted in only one of the race/ethnicity and sex combinations, and only in one of the ten job categories.
The total reported employees for each job category should equal the sum of each employee reported for that job category across the race/ethnicity and sex categories. Further, the total number employees for a particular race/ethnicity and sex category should equal the sum of that group across all of the job categories.
Employment data must be reported by job category. Report each employee in only one job category. In order to simplify and standardize the method of reporting, all jobs are considered as belonging in one of the broad job categories shown in the EEO-1 Component 1 Report. A description of the EEO-1 job categories can be found in the ‘Appendix’ section of this document. You can also find information on the most recent SOC codes and a crosswalk between the older and newer versions of the SOC codes on the Census Bureau website (Standard Occupation Codes ).
The major activity should be sufficiently descriptive to identify the industry and product produced or service provided. If an establishment is engaged in more than one activity, describe the activity at which the greatest number of employees work. Information about the industry codes can be found on the Census Bureau’s website (https://www.census.gov/naics/ ) as well as a crosswalk between the 2012 and 2017 NAICS codes (Industry and Occupation Code Lists & Crosswalks ).
The description of the major activity indicated on the Headquarters Report (Type 3 Report) must reflect the dominant economic activity of the company in which the greatest numbers of employees are engaged.
Include in this section any remarks, explanations, or other pertinent information regarding this report.
Once all reports have been completed for the company, the name and contact information for the Certifying Official and the person to contact regarding the report should be entered. The Certifying Official should check the box on the screen verifying that the information is accurate and that all statements were prepared in accordance with these instructions.
Appendix 1. Definitions Applicable to All Employers
Refers to the Equal Employment Opportunity Commission.
Refers to the Office of Federal Contract Compliance Programs, U.S. Department of Labor, established to implement Executive Order 11246, as amended.
Under Section 701(b), Title VII of the Civil Rights Act of 1964, as amended, Means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include the United States, a corporation wholly owned by the government of the United States, American Indian or Alaska Native tribes, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 of the United States Code), or a bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; OR any person or entity subject to Executive Order 11246 who is a federal government prime contractor or subcontractor at any tier (including a bank or other establishment serving as a depository of federal government funds, or an issuing and paying agent of U.S. Savings Bonds and savings notes, or a holder of a federal government bill of lading) or a federally-assisted construction prime contractor or subcontractor at any tier.
Means any individual on the payroll of an employer who is an employee for purposes of the employers withholding of Social Security taxes except insurance sales agents who are considered to be employees for such purposes solely because of the provisions of 26 USC 3121 (d)(3)(B) (the Internal Revenue Code). Leased employees are included in this definition.
For EEO-1 Component 1 reporting only, means a permanent employee provided by an employment agency for a fee to an outside company for which the employment agency handles all personnel tasks including payroll, staffing, benefit payments and compliance reporting. The employment agency shall include leased employees in its EEO-1 report. For EEO-1 Component 1 reporting purposes only, the term “employee” shall not include persons who are hired on a casual basis for a specified time, or for the duration of a specified job (for example, a person at a construction site whose employment relationship is expected to terminate with the end of the employee’s work at the site); persons temporarily employed in any industry other than construction, such as temporary office workers, mariners, stevedores, lumber yard workers, etc., who are hired through a hiring hall or other referral arrangement, through an employee contractor or agent, or by some individual hiring arrangement, or persons (EXCEPT leased employees) on the payroll of an employment agency who are referred by such agency for work to be performed on the premises of another employer under that employers direction and control. These definitions are only for purposes of clarifying who reports these individuals on the EEO-1 and do not have legal ramifications as to the analysis of whether a particular individual is an employee or an independent contractor. That is done under the factors enumerated by the Supreme Court in Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318 (1992).
Means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.
Means any activity, business or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry affecting commerce within the meaning of the Labor Management Reporting and Disclosure Act of 1959. Any employer of 15 or more persons is presumed to be in an industry affecting commerce.
Is generally a single physical location where business is conducted or where services or industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, farm, airline terminal, sales office, warehouse, or central administrative office (definition adapted from the North American Industry Classification System, 2012).
Units at different physical locations, even though engaged in the same kind of business operation, must be reported as separate establishments. For locations involving construction, transportation, communications, electric, gas, and sanitary services, oil and gas fields, and similar types of physically dispersed industrial activities, however, it is not necessary to list separately each individual site, project, field, line, etc., unless it is treated by you as a separate legal entity. For these types of activities, list as establishments only those relatively permanent main or branch offices, terminals, stations etc., which are either: (a) directly responsible for supervising such dispersed activities (where employees work from home, they should be reported as if working at the establishment where their supervisor is reported to work); or (b) the base from which personnel and equipment operate to carry out these activities. (Where these dispersed activities cross State lines, at least one such establishment should be listed for each State involved.)
Means the major product or group of products produced or handled, or services rendered by the reporting unit (e.g., manufacturing airplane parts, retail sales of office furniture) in terms of the activity at which the greatest number of all employees work. The description includes the type of product manufactured or sold or the type of service provided. “Major Activity” is based on the industrial definitions developed by the federal government as adopted by the EEOC (For example, the North American Industry Classification System, 2012).
It is the opinion of the Commission that Section 702 of Title VII of the Civil Rights Act of 1964, as amended, does not authorize a complete exemption of religious organizations from the coverage of the Act or of the reporting requirements of the Commission. The exemption for religious organizations applies to their employment of individuals of a particular religion to perform work connected with the organization’s activities. Therefore, since the Standard Form 100 does not provide for information as to the religion of employees, religious organizations must report all information required by this report.
Appendix 2. Definitions Applicable Only to Government Contractors Subject to Executive Order 11246
Means Executive Order 11246, as amended.
Means any government contract or any federally-assisted construction contract.
Means any employer having a government contract or any federally- assisted construction contract, or any employer serving as a depository of federal government funds.
Means any employer having a contract with a prime contractor or another subcontractor calling for supplies or services required for the performance of a government contract or federally assisted construction contract.
Means any department, agency and establishment in the executive branch of the government, including any wholly-owned government corporation, which enters into contracts.
Means any department, agency and establishment in the executive branch of the government, including any wholly-owned government corporation, which administers a program involving federally-assisted construction contracts.
Appendix 3. Responsibilities of Prime Contractors
At the time of an award of a subcontract subject to these reporting requirements, the prime contractor shall inform the subcontractor of its responsibility to submit annual EEO-1 Component 1 employment data in accordance with these instructions.
Appendix 4. Race, Ethnicity, and Sex Identification
Self-identification is the preferred method of identifying the race and ethnicity information necessary for the EEO-1 Component 1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 report.
As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-1 report are:
- Offer employees the opportunity to self-identify.
- Provide a statement about the voluntary nature of this inquiry for employees. For example, language such as the following may be used (employers may adapt this language):
"The employer is subject to certain governmental recordkeeping and reporting requirements for the administration of civil rights laws and regulations. In order to comply with these laws, the employer invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual."
Race and ethnicity designations as used by the Equal Employment Opportunity Commission for the EEO-1 Component 1 do not denote scientific definitions of anthropological origins. In addition, such designations do not control who is protected by Title VII’s prohibitions against employment discrimination based on race or national origin.
Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
White - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
Black or African American - A person having origins in any of the black racial groups of Africa.
Native Hawaiian or Pacific Islander - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
Native American or Alaska Native - A person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.
Two or More Races - All persons who identify with more than one of the above five races (White, Black or African American, Native Hawaiian or Pacific Islander, Asian, Native American or Alaska Native). For the purposes of this group, identifying as Hispanic or Latino and only one of the listed 5 race groups does NOT qualify.
Hispanic or Latino - Include all employees who answer “YES” to the question, “Are you Hispanic or Latino?” in the appropriate category for both males and females as indicated.
White (Not Hispanic or Latino) - Include all employees who identify as White and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Black or African American (Not Hispanic or Latino)- Include all employees who identify as Black or African American and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Native Hawaiian or Pacific Islander (Not Hispanic or Latino) - Include all employees who identify as Native Hawaiian or Other Pacific Islander and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Asian (Not Hispanic or Latino) - Include all employees who identify as Asian and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Native American or Alaska Native (Not Hispanic or Latino) - Include all employees who identify as Native American or Alaska Native and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Two or More Races (Not Hispanic or Latino) - Include all employees who identify with more than one of the above five races, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.
Appendix 5. Description of Job Categories
The major job categories are listed below, including a brief description of the skills and training required for occupations in that category and examples of the job titles that fit each category. The examples shown below are illustrative and not intended to be exhaustive of all job titles in a job category. These job categories are primarily based on the average skill level, knowledge, and responsibility involved in each occupation within the job category.
The "Officials and Managers" category as a whole is to be divided into the following two subcategories: "Executive/Senior Level Officials and Managers," and "First/Mid-Level" Officials and Managers. These subcategories are intended to mirror the employers own well established hierarchy of management positions. Small employers who may not have two well-defined hierarchical steps of management should report their management employees in the appropriate categories.
Individuals who plan, direct and formulate policies, set strategy and provide the overall direction of enterprises/organizations for the development and delivery of products or services, within the parameters approved by boards of directors or other governing bodies. Residing in the highest levels of organizations, these executives plan, direct or coordinate activities with the support of subordinate executives and staff managers. They include, in larger organizations, those individuals within two reporting levels of the CEO, whose responsibilities require frequent interaction with the CEO. Examples of these kinds of managers are: chief executive officers, chief operating officers, chief financial officers, line of business heads, presidents or executive vice presidents of functional areas or operating groups, chief information officers, chief human resources officers, chief marketing officers, chief legal officers, management directors and managing partners.
Individuals who serve as managers, other than those who serve as Executive/Senior Level Officials and Managers, including those who oversee and direct the delivery of products, services or functions at group, regional or divisional levels of organizations. These managers receive directions from the Executive/Senior Level management and typically lead major business units. They implement policies, programs and directives of executive/senior management through subordinate managers and within the parameters set by Executive/Senior Level management. Examples of these kinds of managers are: vice presidents and directors, group, regional or divisional controllers; treasurers; human resources, information systems, marketing, and operations managers. The “First/Mid-Level Officials and Managers” subcategory also includes those who report directly to middle managers. These individuals serve at functional, line of business segment or branch levels and are responsible for directing and executing the day-to-day operational objectives of enterprises/organizations, conveying the directions of higher level officials and managers to subordinate personnel and, in some instances, directly supervising the activities of exempt and non-exempt personnel. Examples of these kinds of managers are: first-line managers; team managers; unit managers; operations and production mangers; branch managers; administrative services managers; purchasing and transportation managers; storage and distribution managers; call center or customer service managers; technical support managers; and brand or product managers.
Most jobs in this category require bachelor and graduate degrees, and/or professional certification. In some instances, comparable experience may establish a person's qualifications. Examples of these kinds of positions include: accountants and auditors; airplane pilots and flight engineers; architects; artists; chemists; computer programmers; designers; dieticians; editors; engineers; lawyers; librarians; mathematical scientists; natural scientists; registered nurses; physical scientists; physicians and surgeons; social scientists; teachers; and surveyors.
Jobs in this category include activities that require applied scientific skills, usually obtained by post-secondary education of varying lengths, depending on the particular occupation, recognizing that in some instances additional training, certification, or comparable experience is required. Examples of these types of positions include: drafters; emergency medical technicians; chemical technicians; and broadcast and sound engineering technicians.
These jobs include non-managerial activities that wholly and primarily involve direct sales. Examples of these types of positions include: advertising sales agents; insurance sales agents; real estate brokers and sales agents; wholesale sales representatives; securities, commodities, and financial services sales agents; telemarketers; demonstrators; retail salespersons; counter and rental clerks; and cashiers.
These jobs involve non-managerial tasks providing administrative and support assistance, primarily in office settings. Examples of these types of positions include: office and administrative support workers; bookkeeping; accounting and auditing clerks; cargo and freight agents; dispatchers; couriers; data entry keyers; computer operators; shipping, receiving and traffic clerks; word processors and typists; proofreaders; desktop publishers; and general office clerks.
Most jobs in this category include higher skilled occupations in construction (building trades craft workers and their formal apprentices) and natural resource extraction workers. Examples of these types of positions include: boilermakers; brick and stone masons; carpenters; electricians; painters (both construction and maintenance); glaziers; pipe layers, plumbers, pipefitters and steamfitters; plasterers; roofers; elevator installers; earth drillers; derrick operators; oil and gas rotary drill operators; and blasters and explosive workers. This category also includes occupations related to the installation, maintenance and part replacement of equipment, machines and tools, such as: automotive mechanics; aircraft mechanics; and electric and electronic equipment repairers. This category also includes some production occupations that are distinguished by the high degree of skill and precision required to perform them, based on clearly defined task specifications, such as: millwrights; etchers and engravers; tool and die makers; and pattern makers.
Most jobs in this category include intermediate skilled occupations and include workers who operate machines or factory-related processing equipment. Most of these occupations do not usually require more than several months of training. Examples include: textile machine workers; laundry and dry cleaning workers; photographic process workers; weaving machine operators; electrical and electronic equipment assemblers; semiconductor processors; testers, graders and sorters; bakers; and butchers and other meat, poultry and fish processing workers. This category also includes occupations of generally intermediate skill levels that are concerned with operating and controlling equipment to facilitate the movement of people or materials, such as: bridge and lock tenders; truck, bus or taxi drivers; industrial truck and tractor (forklift) operators; parking lot attendants; sailors; conveyor operators; and hand packers and packagers.
Jobs in this category include workers with more limited skills who require only brief training to perform tasks that require little or no independent judgment. Examples include: production and construction worker helpers; vehicle and equipment cleaners; laborers; freight, stock and material movers; service station attendants; construction laborers; refuse and recyclable materials collectors; septic tank servicers; and sewer pipe cleaners.
Jobs in this category include food service, cleaning service, personal service, and protective service activities. Skill may be acquired through formal training, job- related training or direct experience. Examples of food service positions include: cooks; bartenders; and other food service workers. Examples of personal service positions include: medical assistants and other healthcare support positions; hairdressers; ushers; and transportation attendants. Examples of cleaning service positions include: cleaners; janitors; and porters. Examples of protective service positions include: transit and railroad police and fire fighters; guards; private detectives and investigators.