EEOC Informal Discussion Letter

EEOC Office of Legal Counsel staff members wrote the following informal discussion letter in response to an inquiry from a member of the public. This letter is intended to provide an informal discussion of the noted issue and does not constitute an official opinion of the Commission.

Title VII: EEO-1 Form Filing Requirements

June 23, 2008

[ADDRESS]

Dear____:

This is in response to your June 9, 2008 letter concerning whether you are required to file an Employer Information Report (EEO-1). You state that “the contracts department at MPO is concerned with my response in my ORCA Reps and Certs in the CCR . . .” indicating that you do not have to file the EEO-1. Although we are not familiar with the organizations to which you refer, we can state unequivocally that if your company is as you describe it in your letter and only has 20 employees, you are not required to file an EEO-1 report.

As noted in the EEO-1 Instruction Booklet,¹ the EEO-1 form must be filed by --

(A) All private employers who are: (1) subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations; OR (2) subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.

(B) All federal contractors (private employers), who: (1) are not exempt as provided for by 41 CFR 60-1.5; (2) have 50 or more employees; and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or (b) serve as a depository of government funds in any amount, or (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

Only those establishments located in the District of Columbia and the 50 states are required to submit Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates.

You state that your company only has 20 employees. Therefore, unless your company is “owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees” as explained in paragraph (A)(2) above, you are not required to file an EEO-1 report.

I hope this information is helpful to you. For more information about the EEO-1 report, please visit our website at http://www.eeoc.gov/eeo1survey/index.html.

Sincerely,

/s/
Carol R. Miaskoff
Assistant Legal Counsel
Coordination Division

Footnotes

¹ A copy of the EEO-1 Instruction Booklet is available on-line at http://www.eeoc.gov/eeo1survey/2007instruct.html.

This page was last modified on August 12, 2008.

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