THE EMPLOYEE WITH THE DRAGON TATTOO: Deadline Approaching for EEO-1 Filings with the EEOC

Monday, August 31, 2015

Deadline Approaching for EEO-1 Filings with the EEOC

The deadline for designated employers to file their annual Employer Information Report ("EEO-1") with the Equal Employment Opportunity Commission ("EEOC") is September 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.

Information regarding the EEOC’s on-line filing system, filing instructions and sample forms can be located by clicking here.

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Biography

Mark Fijman is a labor and employment attorney with Phelps Dunbar, LLP, which has offices in Louisiana, Mississippi, Florida, Texas, Alabama, North Carolina and London. To view his firm bio, click here. He can be reached at (601) 360-9716 and by e-mail at fijmanm@phelps.com. Mark represents and advises employers in all aspects of federal and state employment laws dealing with race, age, disability, gender, national origin and religious discrimination and in administrative proceedings before the Equal Employment Opportunity Commission and the U.S. Department of Labor. He specializes in representing employers seeking to enforce non-compete agreements and taking legal action against former employees for misappropriation and misuse of company trade secrets. He has represented clients from many industries, including manufacturing, engineering, gaming, healthcare and hospitality. He has extensive trial experience in the Federal Court system.

He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. He specializes in labor and employment issues relating to the restaurant and hospitality industry, including Fair Labor Standard Act (“FLSA”) compliance and representing clients in U.S. Department of Labor investigations.

In addition to his litigation experience in the private sector, he also represents and defends municipalities and law enforcement agencies in civil rights and employment litigation.

Prior to beginning his legal practice, he worked as a television news producer/reporter for a number of network affiliate stations in the Southeast and Northeast.