In the September 7, 2017, Insights & Solutions newsletter, we informed you that covered employers will be expected to comply with their EEO-1 filing requirements for 2017 and file their 2017 Employer Information Report (EEO-1) by March 31, 2018. The portal is now open and employers may begin submitting their workforce data.
When completing the 2017 EEO-1 Survey, employers should be mindful of one very important change. Unlike previous years, 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 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 provided 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. However, 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.
Coverage: (1) Employers with at least 100 employees, and (2) federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts.
Effective: Currently in effect.
Action Required: Employers who meet the criteria listed above, or employers that filed the EEO-1 report in 2016 and did not receive the 2017 EEO-1 Notification Letter by January 29, 2018, should immediately contact the EEO-1 Joint Reporting Committee at 1-877-392-4647 (toll-free) or by e-mailing e1.techassistance@eeoc.gov.
As always, please be sure to contact your HR Business Partner if you have any questions.
* Produced in cooperation with Jackson Lewis P.C.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.