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HR Matters E-Tips

 
       

THIS WEEK'S E-TIP

Who Must File an EEO-1 or the VETS-100 & 100A? Q&A

 
 
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Editor's Note: These question and answer HR Matters E-Tips articles are taken from real questions submitted by our subscribers, a unique feature of the HR Matters Tools and Resource Center online service. See how it works.
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If you have 100 or more employees or are a federal contractor, you likely must file the EEO-1, VETS-100, or VETS-100A forms. Find out what your obligations are and when your reports must be filed.

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Q: Our organization has more than 100 employees and we recently received a federal contract. Is there some sort of federal EEO report that we have to file?  
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A: Yes, you definitely should file an EEO-1 Report and may need to file a VETS-100A form, depending on the amount of your organization’s federal contract.

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 federal contractor employers for compliance evaluations.

(Download free Equal Employment Opportunity model policy including HR best practices and legal background.)

The EEO-1 (also more formally referred to as the Employer Information Report EEO-1) must be filed each year by September 30. Employment figures from any pay period in July through September may be used. Online reporting is the preferred method of filing, though employers are permitted to file paper reports.

Currently, 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. (As you may recall, the EEO-1 report got a major overhaul in 2007 as a result of findings from the 2000 census that increased the number of race/ethnicity categories from five to seven.) To obtain the information, you are directed to ask employees to self-identify voluntarily. If an employee declines to self-identify, you can rely on visual identification of the employee or post-employment records. The EEO-1 instruction booklet includes sample language, in Section 4 of the instructions’ appendix, 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/employers/eeo1survey/index.cfm , including a copy of the EEO-1 instruction booklet, online at http://www.eeoc.gov/employers/eeo1survey/2007instructions.cfm .
 
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Certain federal contractors, regardless of the number of employees, also must file the VETS-100 or VETS-100A form. The VETS-100 and VETS-100A require you to report the number and job classifications of the veterans you employ, and like the EEO-1 report, normally are due September 30.

Which contractors must file the VETS-100, versus the VETS-100 A, is a bit confusing, however, thanks to a statutory increase in the contract threshold size that was formally implemented in 2008. The contract threshold size was increased from $25,000 to $100,000 by the 2002 Jobs for Veterans Act, which initially was scheduled to take effect on December 1, 2003. The law also changed the categories of veterans covered that employers must report. However, the DOL did not issue implementing regulations until May 2008, and as a result, the $100,000 threshold and new reporting categories were not implemented until 2008.
 
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According to the regulations, found in 29 C.F.R part 61-250, the VETS-100 form must be filed only by federal contractors with current contracts of at least $25,000 entered into before December 1, 2003. Federal contractors that entered into a contract of at least $100,000 or more on or after December 1, 2003, must file the VETS-100A according to regulations found in 29 C.F.R. part 61-300. 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. So, if your federal contract is new and is worth $100,000 or more, you should file the VETS-100A form.

(Download free Equal Employment Opportunity model policy including HR best practices and legal background.)

Employment figures from any one pay period ending between July 1 and August 31 of the current year may be used for the VETS forms. As with the EEO-1 report, online reporting is the preferred method of filing, though employers are permitted to file paper reports. If you have questions about either the VETS-100 or VETS-100A, you may direct them to the VETS-100 Help Desk at (866) 237-0275 or via e-mail to VETS100-customersupport@dol.gov. Information about the filing requirements and sample forms from 2010 are available online at http://www.dol.gov/vets/vets-100.html .
 
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Content for your HR Matters E-Tips newsletter is developed from our
flagship publication, the HR Matters Tools and Resource Center, featuring the Personnel Policy Manual System (PPMS). See how it works.

Subscribers to the PPMS and HR Policy Answers on CD can find information on EEO-1 and VETS 100 and 100A filing requirements in Equal Employment Opportunity, Chapter 201, note 24.

If you don't have access to the PPMS, but would like to have a free, no-
obligation 14-day review, go to: www.ppspublishers.com/ppm-ez.htm

Or just give us a call at 1-800-437-3735.

 
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Information provided in HR Matters E-Tips is researched and reviewed
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law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.

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