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

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 Recordkeeping Additional Resources

Who Must File the EEO-1 Report? Private Employers Subject to Title VII of the Civil Rights Act of 1964 100 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

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.

History of EEO-1 EEOCbegan one year after the Civil Rights Act EEO-1 reports began in 1966 EEOCuses the data determine possible employment discrimination patterns Supports enforcement of Civil Rights Act EEOChas continued to make revisions to the EEO-1 report

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

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 e-mailing the EEOC before September 30 th! Email: e.1extensions@eeoc.gov

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

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

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)

Methods of Collecting Data The two basic principles for ethnic and racial selfidentification 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

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 Vice Presidents, Directors Professionals Agents, Business Managers, Performers, Athletes Retailers Human Resources, Training and Labor Relations Specialists Other Business Operations Specialists

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

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

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

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

How to Prepare a Standard Form 100

Section A Type of Report

Section B Company Identification

Section C Employers Who Are Required To File

Section D Employment Data

Section E Establishment Information

Section F -Remarks

Section G Certification

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

Penalty for 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

VETS-100 & 100A

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

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.

When to File the VETS-100/100A Reports? The VETS-100 & VETS-100A 2013 filing cycle began on August 1 st The VETS-100 & VETS-100A 2013 filing deadline is September 30 th

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 parttime employees who were veterans as of the ending date of the selected payroll period.

VETS-100/100A -Select the Correct Report

VETS-100/100A -Complete the Company Identification Information

VETS-100 Complete the Information on Employees

VETS-100 Report -Categories VETS-100 Report Reflects categories of veterans covered under Affirmative Action provisions of VEVRAA prior to the Jobs for Veterans Act Calls for Federal contractors/subcontractors to report number of employees and new hires during the reporting period that are: I. Special disabled II. Vets of the Vietnam era III. Other protected vets IV. Recently separated vets within 12 moths from discharge or release from active duty

VETS-100A Complete the Information on Employees

VETS-100A Report 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: I. Disabled veterans II. Other protected veterans III. Armed Forces service medal veterans IV. Recently separated veterans within 36 months from discharge or release from active duty

How to Submit the VETS 100/100A 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.

How to Submit the VETS 100/100A Reports Each state consolidated report must also list the name and address of the hiring locations covered by the 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 VETS 100/100A report.

Which Employers Must File Both a VETS-100 and VETS-100A Contractors that have: An existing Government contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003 (and not modified on or after that date) AND A Federal contract or subcontract in the amount of $100,000 or more that was entered into or modified on after December 1, 2003

VETS Report Recordkeeping Requirements VETS-100 Report Employers must keep copies of the completed annual VETS-100 Report submitted to DOL for a period of two (2) years. VETS-100A Report Employers must keep copies of the completed annual VETS-100A Report submitted to DOL for a period of one (1) year.

Penalties for Failure to File the VETS 100/100A 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-100 Reports have been submitted

Additional Resources EEO-1 Report Resources Website: http://www.eeoc.gov/employers/eeo1survey/index.cfm Email: e1.techassisstance@eeoc.gov Toll Free Number: 1-866-286-6440 VETS-100/100A Report Resources Website: http://www.dol.gov/vets/vets100filing.htm Email: VETS100-customersupport@dol.gov

Q&A Michelle Perris and Robin Niel Phone Number: (314) 594-2700 Email Address: hrconsulting@jwterrill.com 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.