What is the EEO-1 Report?
The EEO-1 Report is a compliance survey required by the federal Equal Employment Opportunity Commission. The survey requires certain companies (based on the number of employees and/or federal contract activities) to report employment data categorized by race/ethnicity, gender, and job category.
Do all companies have to complete the EEO-1 Report?
No. Most small businesses do not have to complete the EEO-1 survey. However, according to EEOC criteria, companies with 100 or more employees have to complete the survey, as do enterprises of related entities with 100 or more employees combined between the entities. Additionally, companies with 50 or more employees have to file if they are a federal contractor.
Does Justworks report on behalf my company?
Depending on how long you’ve been with Justworks and whether your company meets the criteria outlined by the Equal Employment Opportunity Commission, we may report on your behalf. It’s important to note that Justworks cannot file on your company’s behalf unless you (or your employees) have made a selection for each employee for job duty, gender, and race/ethnicity.
Is the survey mandatory for employees?
This survey is voluntary for employees. If Justworks reports on your behalf, we will contact your employees directly and ask them to complete the survey in the Justworks platform.
What if my employees choose not to complete the survey?
If one or more of your employees do not self-identify their gender or race/ethnicity by completing the survey, your company is still required to include such information about each employee in the EEO-1 Report. To do so, you can use existing employment records or other permitted means to do so.
Who decides what categories are included in the EEO-1 survey?
The categories and definitions are established by the federal government’s requirements and other guidance. Justworks understands that identity is personal and that these options may not represent you or your employees.
The required category selections are set out below:
A comprehensive list of job descriptions as outlined by the EEOC can be found here.
MALE, FEMALE or NONE OF THE ABOVE
RACE / ETHNIC DESIGNATION
HISPANIC OR LATINO A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
WHITE (NOT HISPANIC OR LATINO) A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
BLACK OR AFRICAN AMERICAN (NOT HISPANIC OR LATINO) A person having origins in any of the black racial groups of Africa.
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER (NOT HISPANIC OR LATINO) A person having origins in any of the peoples of Hawaii, Guam, Samoa or other Pacific Islands.
ASIAN (NOT HISPANIC OR LATINO) A person having origins in any of the original peoples of the Far East, Southeast Asia or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.
AMERICAN INDIAN OR ALASKA NATIVE (NOT HISPANIC OR LATINO) A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.
TWO OR MORE RACES (NOT HISPANIC OR LATINO) All persons who identify with more than one of the above five races.
I DO NOT WISH TO DISCLOSE. Justworks note: If you choose not to disclose your race/ethnicity, your employer is still required to include such information about you in the EEO-1 Report by using existing employment records or visual observation.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.