- Reminder: EEO-1 and VETS-100 Reports Are Due September 30th
- September 21, 2010 | Authors: Lawrence Z. Lorber; Katharine H. Parker; Leslie E. Silverman
- Law Firms: Proskauer Rose LLP - Washington Office ; Proskauer Rose LLP - New York Office
The September 30, 2010 deadline for filing EEO-1 and/or VETS-100 reports is fast approaching.
Who must file an EEO-1 report?
The Standard Form 100 (EEO-1) report requires covered employers to provide a count of their employees by job category and then by ethnicity, race, and gender. The report must be filed by:
Private employers with 100 or more employees, or
Federal contractors with 50 or more employees and at least one government contract of $50,000 or more.
The EEO-1 report is submitted to the Equal Employment Opportunity Commission and the Department of Labor, Office of Federal Contract Compliance Programs.
Single- vs. multi-establishment employers
Importantly, covered employers who check the multi-establishment box must file:
A report covering the principal or headquarters office;
A separate report for each establishment employing 50 or more persons; and
A consolidated report that must include all employees by race, sex and job category for all company establishments, regardless of the number of employees.
The total number of employees indicated on the headquarters report, plus the establishment reports, plus the list of establishments with fewer than 50 employees, must equal the total number of employees shown on the consolidated report.
For multi-establishment employers who are also government contractors, correct identification of employees at different establishments is key given that EEO-1 reporting may later inform reporting obligations under government contracting laws.
Who must file a VETS-100 report?
Certain federal contractors are required to file a VETS-100 or VETS-100A report tracking the number of employees and new hires who belong to the categories of veterans protected under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and subsequent amendments to the act.
Filing a Vets-100 vs. Vets-100A report
Most employers will file a Vets-100A report. Contractors who must file a VETS-100A report must have a government contract or subcontract:
in the amount of $100,000 or more
entered into, or modified, as of December 1, 2003.
Only employers with a government contract or subcontract in the amount of at least $25,000 that was entered into before December 1, 2003 will file a VETS-100 report.
The VETS-100A report differs from its predecessor in two distinct ways:
The categories of veterans; and
The job categories included in the report reflect the revised EEO-1 report, which, as of 2005, divides the "Officials and Managers" category into two sub-groups:
(1) Executives/Senior Level Officials and (2) Managers and First/Mid-Level Officials and Managers.
The filing of EEO-1 and VETS-100/100A reports is required by law; it is not voluntary. Not filing the appropriate reports may result in penalties, up to and including debarment from future federal contracts.