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EEO-1 and VETS-100/100A Deadlines are Coming - Are You Ready?

Alert
7.15.10

The deadline to file your EEO-1 and VETS-100/100A forms is September 30, 2010. Filing may begin as early as this summer. To help you, we have summarized the basic rules, including who is covered, and what must be done.

What are these forms?
The EEO-1 form is an annual report that categorizes employees based on ethnicity, race and gender, as well as by job category. The EEO-1 form uses data from any pay period in July, August or September of the filing year. The VETS-100 and VETS-100A forms are annual reports that track the employment and hiring of former military service members by job category and type of veteran, and use data from any pay period in July or August of the filing year. Additionally, the VETS-100 and VETS-100A forms contain a 12-month summary of information, dating back 12 months from the specific pay period selected.

Why are these forms important?
In addition to the legal requirement that they be completed, the forms are used by government agencies, such as the Office of Federal Contract Compliance Programs ("OFCCP"), to help select compliance evaluation targets and track employment patterns, and are used by plaintiffs in lawsuits. Thus, accuracy and timeliness in completing the forms is critical.

How do I get the employee information to prepare the forms?
The government strongly recommends that employers request that applicants/employees voluntarily self-identify as to their racial/ethnic status. Federal contractors are required to request applicants to self-identify voluntarily concerning their veteran status.

NOTE: There are special rules concerning the timing of a voluntary request to self-identify as to one's disabled veteran status.

Who must file the EEO-1 report? 

  • All private employers subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees, excluding, among others, state governments, Indian tribes and institutions of higher education.
  • Private employers with fewer than 100 employees if, together with related entities, the entire "single" enterprise employs 100 or more employees.
  • All federal government contractors (unless otherwise exempt) who are prime or first-tier subcontractors, with a contract/subcontract of $50,000 or more, and who employ 50 or more employees.
  • Certain financial institutions, regardless of the dollar value of the federal contract.

Who must file the VETS-100/100A reports?
Certain federal government contractors and subcontractors are subject to the VETS-100/100A filing requirements.

  • Federal government contractors and subcontractors with a contract of $25,000 or more, entered into before December 1, 2003 must file the VETS-100. However, if this contract has been modified since December 1, 2003 in the amount of $100,000 or more, the VETS-100A must be filed instead.
  • Federal government contractors and subcontractors with a contract of $100,000 or more, entered into on or after December 1, 2003 must file the VETS-100A. Depending on when the contracts were signed and the amount of the contracts, an employer may need to file both the VETS-100 and the VETS-100A.

NOTE: Increased focus on veterans by OFCCP makes preparation of these reports even more important. Employers subject to these requirements need to be sure to gather information about the veteran's discharge date in order to properly complete the VETS-100/100A forms. A veteran may need to be counted in multiple categories on the VETS-100/100A forms.

Single-Establishment Versus Multi-Establishment Employers
A single-establishment employer must submit one EEO-1 and one VETS-100/100A report. Multi-establishment employers must submit multiple reports, which can be accomplished in a few different ways depending on the number of employees at each separate facility.

How We Can Help 
We prepare and file the EEO-1 and VETS-100/100A forms for clients, and do so in a very cost-effective manner that helps ensure accuracy. We are also available to consult if you have particular questions.

Contact Information 
If you have any questions about this or other employment matters, please contact your Husch Blackwell Sanders attorney or one of the firm's Labor & Employment attorneys.

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This information is intended only to provide general information in summary form on legal and business topics of the day. The contents hereof do not constitute legal advice and should not be relied on as such. Specific legal advice should be sought in particular matters.