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HR MATTERS E-TIPS
THIS WEEK’S E-TIP: EEO-1 and VETS-100 Changes and Due Date
Published by Personnel Policy Service, Inc.
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THIS WEEK’S E-TIP: EEO-1 and VETS-100 Changes and Due Date
If you are a federal contractor or have 100 or more employees, you may
have to file the EEO-1 and VETS-100 forms. Plus, now there is a new
VETS-100A form for federal contractors. Find out what your obligations
are and where to file. |
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THIS WEEK’S E-TIP: EEO-1 and VETS-100 Changes and Due Date
The deadline is approaching for many employers to report to the
federal
government the ethnic, racial, gender, and veteran composition of
your
workforces. Specifically, if you are a covered employer, you must
file the
Employer Information Report, Form EEO-1, and the VETS-100 form by
September 30, 2008. (Download
free Equal Employment Opportunity
model policy.)
* Employer Information Report, Form EEO-1 *
If you had to file the EEO-1 Report, last year, then you know that
the
form got a major makeover in 2007 that affects what information you
must collect about your employees and how you collect it. The Equal
Employment Opportunity Commission (EEOC) revised the form in
response to additions made to racial and ethnic categories collected
for
the 2000 census.
As a reminder, private employers with 100 or more employees and
federal contractors with 50 or more employees and a contract of
$50,000
or more are required to submit annual EEO-1 reports to the Joint
Reporting Committee (JRC), a committee of the EEOC and the Office of
Federal Contract Compliance Programs (OFCCP). These reports track
employee data by race, ethnicity, sex, and job classification. The
EEOC
uses the data to support enforcement of Title VII of the Civil
Rights Act
and to analyze employment patterns. The OFCCP uses the information
to target employers for compliance evaluations.
The EEO-1 must be filed each year by September 30. Employment
figures from any period in July through September may be used.
Online
reporting is the preferred method of filing, though employers are
permitted to file paper reports.
Previously, employers had to collect information on five EEO-1
race/ethnicity categories: Hispanic, White, Black, Asian or Pacific
Islander, and American Indian or Alaskan Native. Now, there are
seven
race/ethnicity categories: Hispanic or Latino, White, Black or
African-
American, Native Hawaiian or Other Pacific Islander, Asian, American
Indian or Alaska Native, and Two or More Races.
The 2007 revisions also changed the information gathering process.
In
the past, the EEOC directed employers to obtain the racial and
ethnic
information by visual surveys of the workforce or from
post-employment
records. Now, you are directed to ask employees to self-identify
voluntarily and only rely on the old method as a back up when self-
identification is not possible. The EEO-1 instruction booklet
includes
sample language, in Section 4, that you can use in an employee
questionnaire on race and ethnicity to explain the EEO-1 voluntary
self-
identification process.
The EEOC has provided helpful information on the EEO-1 Report on its
Web site at
http://www.eeoc.gov/eeo1survey, including a discussion of
the revisions to the EEO-1 form and how to implement the new racial
and ethnic categories. In addition, a copy of the EEO-1 instruction
booklet is available on the EEOC’s Web site, online at
http://www.eeoc.gov/eeo1survey/2007instruct.html. |
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* VETS-100 and New VETS-100A *
Certain federal contractors, regardless of the number of
employees, also
must file the VETS-100 form. The VETS-100 requires you to report
the
number and job classifications of the veterans you employ, and
like the
EEO-1 report, is due September 30. Which contractors must file
the
VETS-100 is a bit confusing, however, thanks to a statutory
increase in
the contract threshold size that has just been formally
implemented.
(Download
free Equal Employment Opportunity
model policy.)
The contract threshold size was increased from $25,000 to
$100,000 by
the 2002 Jobs for Veterans Act, P.L. 107-288, and was scheduled
to
take effect on December 1, 2003. The law also changed the
categories
of veterans covered that employers must report. However, the
Department of Labor (DOL) did not issue implementing regulations
until
May 2008, and as a result, the new $100,000 threshold and new
reporting categories have not been implemented in previous
years.
Now, thanks to the new implementing regulations, the VETS-100
form
must be filed only by federal contractors with contracts of at
least
$25,000 entered into before December 1, 2003. Filing
instructions and a
sample form are available at
http://vets.dol.gov/vets100. The
form
should be submitted to the DOL’s Veterans’ Employment and
Training
Service, VETS-100 Reporting Office, P.O. Box 726, Lanham, MD,
20703-0726 and can be filed online. If you have questions, you
may
direct them to the VETS-100 Help Desk at 301-306-6752 or via
e-mail to
helpdesk@vets100.com.
Federal contractors that entered into a contract of at least
$100,000 or
more on or after December 1, 2003, now must file a new form, the
VETS-100A. The form also will be due on September 30 of each
year,
but since the new regulations did not take effect until June 18,
2008, the
DOL has given covered employers until September 30, 2009, to
file the
new form. Further, contractors that modified contracts entered
into
before December 1, 2003, and the modified contracts are now
worth
$100,000 or more also must file the new VETS-100A. (The
regulations
creating the new VETS-100A are available online at
http://edocket.access.gpo.gov/2008/pdf/E8-10916.pdf.)
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Subscribers to the
Personnel Policy Manual (print/online) and HR Policy Answers on
CD can find information on the EEO-1 and VETS-100 forms in
Equal Employment Opportunity, Chapter 201, note 23.
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chapters,
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