EEO-1 and VETS 100 Reports: How To Maintain Compliance. Presented by Michelle Perris Human Resources Consultant

Transcription

1 EEO-1 and VETS 100 Reports: How To Maintain Compliance Presented by Michelle Perris Human Resources Consultant

2 Today s Agenda EEO-1 Who must file? Why is data collected? When to file? How to file? Modifications & Changes Self Identification Job categories Recordkeeping VETS 100/100A Who must file? When to file? How to file? 100 vs. 100A Penalties Additional Resources

3 Who must file the EEO-1 Report? Private Employers Subject to Title VII of the Civil Rights Act of or more employees excluding State and local governments All Federal Contractors (private employers) Not exempt 50 or more employees Prime contractors of first-tier subcontractors Have a contract or subcontract (or purchase order) amounting to $50,000 or more Serve as a depository of government funds in any amount Financial institution which is an issuing or paying agent for US Savings Bonds and Notes

4 The US Equal Employment Opportunity Commission Enforces EEO-1 and VETS 100 Reporting Enforces Federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability or genetic information. Prohibits harassment by managers, co-workers or others in the workplace based on the same characteristics.

5 History of EEO-1 Dates back to 1966 Used to report anonymous annual data about women and minorities (broadly) EEOC uses data to support enforcement of Civil Rights Act EEOC revised the EEO-1 in 1997 regarding how race and ethnicity were reported to the government

6 Why is this data collected? Employers have a legal obligation to provide data it is NOT voluntary Data is collected and used for variety of purposes Enforcement Self-assessment by employers Research Each report collects data about gender, race and ethnicity, and job category and is shared with other authorized federal agencies Data is confidential

7 When to file the Standard EEO-1 Form Annual report MUST be filed with Joint Reporting Committee no later than September 30 th! May use any pay-period in July through September of the current survey year May request an extension by ing the EEOC before September 30 th!

8 How to file Single Establishment Employers Must complete a single Standard Form 100, or use alternate filing method Multi-Establishment Employers Report covering the principal or headquarters office Consolidated report that must include all employees by race, sex, and job category in establishments with or without 50 employees A list showing the name, address, total employment and major activity for each establishment employing fewer than 50 persons

9 Where to file Submission of EEO-1 data through the EEO-1 Online Filing System or as an electronically transmitted data file is strongly preferred. Paper EEO-1 forms will be generated on request only, in extreme cases where Internet access is not available to the employer. An EEO-1 report submitted on paper must be prepared following the directions

10 EEO-1 Voluntary Self Identification Form Forms are for reporting purposes only and should be kept separate from all other personnel records Race/Ethnicity Hispanic or Latino White (Not Hispanic or Latino) Black or African American (Not Hispanic or Latino) Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) Asian (Not Hispanic or Latino) American Indian or Alaska Native Two or more races

11 Methods of Collecting Data 1. Offer employees the opportunity to self-identify 2. Provide a statement about the voluntary nature of this inquiry for employees

12 EEOC s EEO-1 Job Categories Officials and Managers Executive/Senior Level Officials and Managers First/Mid Level Officials and Managers Professionals Agents, Business Managers, Performers, Athletes Retailers Human Resources, Training and Labor Relations Specialists Other Business Operations Specialists

13 EEOC s EEO-1 Classification Guide Technicians Drafters Engineering Technicians Surveying and Mapping Technicians Sales Workers Cashiers Retail Sales Advertising Travel Agents Sales Reps

14 EEOC s EEO-1 Classification Guide Administrative Support Workers Paralegals and Legal Assistants Library Technicians Teacher Assistants Bookkeeping, Accounting, and Auditing Clerks Craft Workers First-line Supervisors Carpenters Electricians Painters

15 EEOC s EEO-1 Classification Guide Operatives Graders and Sorters Engine and Machine Assemblers Bakers Laborers and Helpers Grounds Maintenance Construction Workers Service Station Attendants

16 EEOC s EEO-1 Classification Guide Service Workers Dental Assistants Fire Fighters Detectives Police Officers Bartenders

17 How to Prepare a Standard Form 100

18 How to Prepare a Standard Form 100 Section A TYPE OF REPORT

19 How to Prepare a Standard Form 100 Section B COMPANY IDENTIFICATION

20 How to Prepare a Standard Form 100 Section C EMPLOYERS WHO ARE REQUIRED TO FILE

21 How to Prepare a Standard Form 100 Section D EMPLOYMENT DATA

22 How to Prepare a Standard Form 100 Section E, F & G

23 How to Prepare a Standard Form 100 Section E ESTABLISHMENT INFORMATION Major activity should be sufficiently descriptive to identify the industry and product produced or service provided

24 How to Prepare a Standard Form 100 Section F - REMARKS Include remarks, explanations, or other pertinent information regarding the report

25 How to Prepare a Standard Form 100 Section G - CERTIFICATION If completed by headquarters: Authorized official should check Item 1 and sign the consolidated report only If completed by individual establishments: Authorized official should check Item 2 and sign the establishment report

26 EEO-1 Recordkeeping Commission reserves right to impose recordkeeping requirements if those records are necessary for effective operation of EEO-1 reporting system or to accomplish purposes of Title VII or the ADA Any personnel or employment record shall be preserved for a period of at least one year from the date of making the record

27 VETS 100 & 100A

28 Who must file the VETS-100/100A Reports? Requires that eligible contractors submit annual reports regarding the number of protected veteran employees and new hires Federal government contractors and subcontractors with contracts of $25,000 (or more), entered into before December 1, 2003 must file VETS-100; if modified since that date, employer must file VETS 100A 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 upon contract timeframes, an employer may need to file both

29 Increased Focus on Veteran s 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.

30 When to file thevets-100/100a Reports? The VETS-100 & VETS-100A 2012 filing deadline is September 30 th Employer should select a date in the current year between July 1 st and August 31 st that represents the end of a payroll period

31 How to prepare the VETS-100/100A Reports?

32 How to prepare the VETS-100/100A Reports? Contact DOL for additional assistance at: (301) or

33 How to prepare the VETS-100/100A Reports?

34 How to prepare the VETS-100/100A Reports? Number of Employees: Select any payroll period ending between July 1 and August 31 of the current year. Provide all data for permanent full-time and part-time employees who were special disabled veterans, Vietnam-era veterans, or other protected veterans employed as of the ending date of the selected payroll period.

35 The Differences Between the VETS-100 /100A Reports? VETS-100 Report Reflects categories of veterans covered under Affirmative Action provisions of VEVERAA prior to the JVA Calls for Federal contractors/subcontractors to report number of employees and new hires during the reporting period that are: Special disabled Vets of the Vietnam era Other protected vets Recently separated vets within 12 moths from discharge or release from active duty

36 The Differences Between the VETS-100 and 100A Reports? VETS-100A Report reflects the categories of veterans covered under the JVA amendments and requests that Federal contractors / subcontractors report the number of employees and new hires during the reporting period belonging to the following categories: Disabled veterans Other protected veterans Armed Forces service medal veterans Recently separated veterans within 36 months from discharge or release from active duty

37 How To Submit VETS 100/100A Reports Single establishment employers must file one completed form. All multi establishment employers must file (A) one form covering the principal or headquarters office: (B) a separate form for each hiring location employing 50 or more persons: and (C) EITHER, (I) a separate form for each hiring location employing fewer than 50 persons, OR (ii) consolidated reports that cover hiring locations within one State that have fewer than 50 employees.

38 How To Submit VETS 100/100A Reports Each state consolidated report must also list the name and address of the hiring locations covered by the report. Company consolidated reports such as those required by EEO1reporting procedures are NOT required for the VETS100 Report. Completed reports for the headquarters location and all other hiring locations for each company should be mailed in one package to the address indicated on the front of the form.

39 Penalties for Failure to File the VETS 100 Report Two types of sanctions for noncompliance The OFCCP generally attempts to negotiate a mutually acceptable remedy to resolve the major violation OR, Federal legislation forbids Federal Contracting Officers to award or modify Federal contracts unless the VETS-100 Reports have been submitted

40 Additional Resources

41 Want More Information? Contact us

42 Michelle Perris J.W. Terrill Q&A (314) The recommendations and opinions provided herein are based on general Human Resources management fundamentals, practices and principles and are not legal opinions or guaranteed outcomes. We strongly recommend as part of a team approach to management, that clients consult with legal counsel of their choice to address legal concerns related to human resource issues.