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/EPA: Proposed Revision to EEO-1 Report

February 18, 2016

Delivered via electronic mail

Dear ____:

Your request for additional EEO-1 data, which was dated January 29, 2016, was submitted to the U.S. Equal Employment Opportunity Commission (EEOC) Office of Research, Information and Planning and has been referred to this office for a response.

You inquire about EEOC data described in footnote 62 of the above-referenced public notice. There, the notice states: "In 2014, 1,449 firms filed EEO-1 reports by uploading a data file, accounting for 704,654 of the EEO-1 reports filed in that year." You state that "[f]ootnote 62 implies that more than 704,654 reports were filed that year. . . ". You ask whether this figure "includes all Type 6 reports" and "[h]ow many reports [in total] were filed in 2014."

The EEOC's records show that the total number of EEO-1 reports filed by covered employers⁽¹⁾ in 2014 was 1,482,810. This includes EEO-1 reports filed by covered employers that filed EEO-1 reports by uploading a data file and those that used the EEOC's online portal. This total includes all types of EEO-1 reports, both from single-establishment employers (that file one report, the Type 1) and multiple-establishment employers (that file different types of reports, including the Type 6). ⁽²⁾

The 704,654 reports that were submitted by data upload do not include "all Type 6 reports." Type 6 reports account for 372,656 of the data upload reports. In 2014, the total number of Type 6 reports submitted in all ways was 672,420,

We hope this information is helpful to you.

Sincerely,

Carol R. Miaskoff
Acting Associate Legal Counsel

FOOTNOTES:

1 Federal contractors with 50 or more employees and other private sector employers with 100 or more employers file the current EEO-1 report with demographic data. Under the terms of the proposed revision to the EEO-1, employers with 100 or more employees would also be required to report pay data.

2 As you know, employers file different types of EEO-1 reports depending on whether they are single-establishment or multi-establishment filers.

1. Type 1 – Single-establishment filer; only files this report.

A multi-establishment filer must submit:

2. Type 2 - Consolidated Report: This must include data on all employees of the company;
3. Type 3 - Headquarters Report: This must include employees working at the main office site of the company and those employees that work from home that report to the corporate office;
4. Type 4 - Establishment Report: A separate EEO-1 Type 4 report must be submitted for each physical location with 50 or more employees. Employment data must be categorized by race, gender and job category;
5. Sites With Fewer Than 50 Employees:
   1. Type 6 - Establishment List: The establishment name, complete address and total number of employees must be provided for each physical location where fewer than 50 employees are working;
   2. Type 8 - Establishment Report: Like the Type 4 - Establishment Report, a separate EEO-1 Type 8 report must be submitted for each establishment employing fewer than 50 employees.

This page was last modified on February 26, 2016.