Today s Webinar Brought to

Size: px

Start display at page:

Download "Today s Webinar Brought to"

Ronald Pope
5 years ago
Views:

1 Today s Webinar Brought to you by Michelle Perris Human Resources Consultant Carol Emge Human Resources Consultant hrconsulting@jwterrill.com

2 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 Who must file When to file How to file Recordkeeping Failure to File

3 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

4 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 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 School Districts Required to file the EEO-5 report

5 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 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

6 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)

7 Methods of Collecting Data Allow employees the opportunity to self-identify: Equal Employment Advisory Council Sample Self ID Form Provide a statement about the voluntary nature of this inquiry If the employee declines to self-identify: Employment records Observer identification Use your best judgment

8 When to File the EEO-1 Form Report 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!

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

9 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

10 Reports Single Establishment Employer One physical address Must submit one EEO-1 data record/report Multi-Establishment Employer Two or more physical addresses Must submit: Report for headquarters, Report for an establishment with 50 or more employees Separate reports for each establishment with fewer than 50 employees A consolidated report that includes all employees

11 Types of Reports (Status Code) Single Establishment Employers: Type 1 Single-establishment company Multi-Establishment Employers: Type 2 Consolidated Report Type 3 Headquarters Report Type 4 Establishment Report (50 or more employees) Multi-Establishment Employer Sites With Fewer Than 50 Employees Type 6 Establishment List OR Type 8 Establishment Report (less than 50 employees) Elementary & Secondary Public Schools Type 5 Survey, conducted biennially in every even-numbered year and it covers all the school districts with 100 or more employees

12 Filing EEO-1 Online Filing System Easiest, most efficient and preferred method of filing Datafile Transfers Companies must test and upload data files themselves instead of ing the file as an attachment The data files are in the same format as previous years Computer Printouts and Paper Format Use of paper reports is discouraged Contact the EEO-1 Joint Reporting Committee for instruction

Login Where to Login: Google EEO-1 Report Filing http://www.eeoc.

13 Login Where to Login: Google EEO-1 Report Filing How to Login: Enter your Company number contained in the annual Notification Letter and your company EEO-1 contact's address to obtain your password from the login screen. Previous Filers: 2016 filers should receive their company's 2016 annual Notification Letter by mail no later than August 15th. Passwords: 2015 passwords will not work for the 2016 EE0-1 Survey. Companies are now able to obtain and reset their passwords.

14 EEOC s EEO-1 Job Categories 1.0 Officials and Managers 1.1 Executive/Senior Level Officials and Managers - Chief Executive Officers, Chief Financial Officers 1.2 First/Mid Level Officials and Managers - Operations Managers, HR Managers, Controllers 2.0 Professionals Buyers, HR Specialists, Loan Officers, Accountants Engineers, Vocational Counselors, Therapists Google: EEO-1 Job Classification Guide

15 EEOC s EEO-1 Job Categories 3.0 Technicians Drafters Technicians (Safety, Pharmacy, Clinical) Air Traffic Controllers 4.0 Sales Workers Retail Sales Travel Agents Sales Reps Google: EEO-1 Job Classification Guide

16 EEOC s EEO-1 Job Categories 5.0 Administrative Support Workers Paralegals and Legal Assistants Administrative Assistants Teacher Assistants Clerical 6.0 Craft Workers Highway Maintenance Workers Carpenters Painters Google: EEO-1 Job Classification Guide

17 EEOC s EEO-1 Job Categories 7.0 Operatives Telecommunications Equipment Installers Engine and Machine Assemblers Bakers 8.0 Laborers and Helpers Grounds Maintenance Agricultural Workers Service Station Attendants Google: EEO-1 Job Classification Guide

18 EEOC s EEO-1 Job Categories Service Workers Bus Drivers Parking Lot Attendants Detectives Police Officers/Security Guards Cook Google: EEO-1 Job Classification Guide

19 How to Prepare a Standard Form 100

20 Section A Type of Report

21 Section B Company Identification

22 Section C Employers Who Are Required To File

23 Section D Employment Data

24 Section E Establishment Information

25 Section F - Remarks

26 Section G Certification

27 EEO-1 Recordkeeping The EEOC has not adopted any recordkeeping requirement in general for employers, but reserves right to impose recordkeeping requirements on individual employers or groups of employers. Any personnel or employment record should be retained for a period of at least one year from the date of making the record or the personnel action, whichever occurs later.

28 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

29 Vietnam Era Veterans' Readjustment Assistance as Amended VETS 4212

30 What is the VETS-4212 Report? Required Annual Report Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) U.S. Department of Labor (DOL) Veterans Employment and Training Service (VETS) Required to keep three years of VETS-4212 reports Office of Federal Contractor Compliance Programs (OFCCP) Audit

31 Who Must File the VETS-4212 Reports? All nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $150,000 or more Effective October 1, 2015, prior to that, the amount was $100,000 Contract and subcontracts include agreements for the purchase, for the sale, or for the use of personal services and non-personal services (including construction)

32 Protected Veterans "Protected Veterans'" Individual Designations in Aggregate: 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 Recently Separated Veterans: veterans within 36 months from discharge or release from active duty

33 Preparing for the VETS-4212 Form Required to invite applicants to self-identify as protected veterans Both pre and post-offer Voluntary basis Contractors don't have to regularly solicit veteran status from current employees, Do need to know whether your employees are protected veterans, and must maintain records in order to prepare the VETS-4212 Report

34 Am I a Protected Veteran? OFCCP Infographic Google OFCCP Infographic Veteran

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

36 VETS Select the Correct Reporting Organization and Type of Form

37 VETS-4212 Complete the Company Identification

38 VETS (4212) Employee Information

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

40 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 forbids Federal Contracting Officers from awarding or modifying Federal contracts unless the VETS Reports have been submitted.

41 Additional Resources EEO-1 Report Resources Website: Joint Reporting Committee Toll Free Number: Extension request Obtain and reset passwords: VETS- Report Resources Website: Toll Free Number:

42 2017 Proposed Changes to EEO-1 Report EEOC is proposing collection of pay information starting in 2017 Current proposal would collect wage within 12 specific pay bands Information would be gathered from employee s W-2 and compared within each pay band Waiting on final ruling

43 Thank you! Michelle Perris & Carol Emge (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.

Today s Webinar Brought to you by

Today s Webinar Brought to you by 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