Today s Webinar Brought to you by

Transcription

1 Today s Webinar Brought to you by

2 Submit a Question: Save questions for the end of the webinar Phones will be muted by the presenter to reduce background noise There is no need for you to mute your individual line EEO-1 & VETS-4212 will begin soon!

3 EEO-1 and VETS-4212 Reports: How To Maintain Compliance Presented by: Michelle Perris - Human Resources Consultant Robin Niel Team Leader- Human Resources Consulting hrconsulting@jwterrill.com

4 Today s Agenda EEO-1 Background/History Who must file Why/How data is collected When to file How to file Job categories How to Prepare Recordkeeping Failure to File VETS 4212 What has changed Who must file When to file How to file Recordkeeping Failure to File

5 The US Equal Employment Opportunity Commission Enforces EEO-1 and VETS-4212 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.

6 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

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

8 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 (Not Hispanic or Latino) Two or more races (Not Hispanic or Latino)

9 Methods of Collecting Data The two basic principles for ethnic and racial self-identification for purposes of the EEO-1 report are: I. Offer employees the opportunity to self-identify II. Provide a statement about the voluntary nature of this inquiry for employees Equal Employment Advisory Council - Observer Identification Method

10 When to File the EEO-1 Form Report Annual report MUST be filed with Joint Reporting Committee no later thanseptember 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!

11 EEO-1 & VETS Pay Period Selection EEO-1 reporting pay period and the VETS 4212 pay period: EEO-1 may use any pay-period in July through September of the current survey year VETS 4212 must select a pay period between July 1 st and August 31 st Best practice to use the pay period ending July 31 st for both reports and/or the pay period that best represents the organization

12 How to File the EEO-1 Report 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

13 Types of Reports (Status Code) Single Establishment Employers: 1 Single-establishment company Multi-Establishment Employers: 2 Consolidated Report (Required) 3 Headquarters Report (Required) 4 Establishment Report (50 or more employees) 6 Establishment List (Option 1) 8 Establishment Report (less than 50 employees) (Option 2)

14 Where to File the EEO-1 Report 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.

15 EEOC s EEO-1 Job Categories Officials and Managers Executive/Senior Level Officials and Managers Chief Executive Officers, Chief Financial Officers First/Mid Level Officials and Managers General and Operations Managers, HR Managers Professionals Agents, Business Managers, Performers, Athletes HR Specialists, Compliance Officers, Accountants Loan Officers

16 EEOC s EEO-1 Job Categories Technicians Drafters Engineering Technicians Surveying and Mapping Technicians Sales Workers Cashiers Retail Sales Advertising Travel Agents Sales Reps

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

18 EEOC s EEO-1 Job Categories Operatives Graders and Sorters Engine and Machine Assemblers Bakers Laborers and Helpers Grounds Maintenance Construction Workers Service Station Attendants

19 EEOC s EEO-1 Job Categories Service Workers Dental Assistants Fire Fighters Detectives Police Officers Cook

20 How to Prepare a Standard Form 100

21 Section A Type of Report

22 Section B Company Identification

23 Section C Employers Who Are Required To File

24 Section D Employment Data

25 Section E Establishment Information

26 Section F -Remarks

27 Section G Certification

28 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 should be retained for a period of at least one year from the date of making the record

29 Failure to File the EEO-1 Report There are no fines or penalties for not filing the required EEO-1 report However, the Equal Employment Opportunity Commission can FORCE employers to file

30 Vietnam Era Veterans' Readjustment Assistance as Amended VETS 4212

31 What has changed from 2014 VETS reporting? Eliminates the VETS-100 and replaces the 100A report Reduces reporting elements by about half Revisions to categories and terminology Reporting of current employees will be in aggregate Reporting of new hires by hire date location or in aggregate

32 Reporting Elements Then VS Now 2014 VETS (100/100A)

33 Reporting Elements Then VS Now 2015 VETS (4212)

34 Revisions to Protected Veterans Categories The VETS-4212 Report categories are simply "Protected Veterans'" as defined as: Disabled veterans; Other protected veterans (veterans who served on active duty in the U.S. military during a war or in a campaign or expedition for which a campaign badge is awarded); Armed Forces service medal veterans (veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985); and Recently separated veterans (veterans within 36 months from discharge or release from active duty).

35 Who Must File the VETS-4212 Reports? All nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $100,000 or more. Contract and subcontracts include agreements for the purchase, for the sale, or for the use of personal services and non-personal services (including construction).

36 When to File the VETS-4212 Report? The VETS-4212 filing cycle began on August 1 st The VETS-4212 filing deadline is September 30 th

37 How to Prepare the VETS-4212 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 parttime employees who were veterans as of the ending date of the selected payroll period.

38 VETS Select the Correct Reporting Organization and Type of Form

39 Identify Required VETS-4212 Reports Single establishment employers must file: One completed form All multi establishment employers must file: One (1) form covering the principal or headquarters office; or A separate form for each hiring location employing 50 or more persons; and 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.

40 VETS-4212 Complete the Company Identification VETS 4212 customer support staff at (866)

41 VETS-4212 Complete Employee Information

42 How to File the VETS 4212 Reports The preferred method for filing VETS-4212 Reports is electronically through the VETS web-based filing system. Instructions for electronically filing the VETS-4212 Report are found on the VETS website at Alternatively, The VETS-4212 Report may also be filed in paper format. Reporting organizations may download a paper version of the VETS-4212 Report from the VETS website at

43 How to File the VETS 4212 Reports VETS-4212 Reports in paper format or electronic data files on compact discs or other electronic storage media may be delivered by U.S. mail or courier delivery service to: Veterans Employment and Training Service, c/o Department of Labor National Contact Center, Conference Center Drive, Suite B0132, Chantilly, VA Paper copies of the VETS-4212 Reports and electronic data files (also may be sent as attachments to: VETS4212-

44 VETS-4212 Report Recordkeeping Requirements Employers must keep a copy of the completed annual VETS Report(s) submitted to DOL for a period of three years.

45 Failure to File the VETS Report Two types of sanctions for noncompliance: The OFCCP generally attempts to negotiate a mutually acceptable remedy to resolve the major violation. Federal legislation forbidsfederal Contracting Officers to award or modify Federal contracts unless the VETS Reports have been submitted.

46 Additional Resources EEO-1 Report Resources Website: Toll Free Number: VETS-Report Resources Website: Toll Free Number:

47 Affirmative Action Plan Obligations Are required to develop an affirmative action plan (AAP)? Federal contractors with 50 or more employees and at least $50,000 in federal contracts must develop a written affirmative action. For addition information, please refer to the following websites: For a sample Affirmative Action Plan (AAP), please refer to the following website: _508c.pdf

48 Q&A Michelle Perris Robin Niel Phone Number: (314) Address: 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.