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.
Is the survey mandatory for employees?
This survey is voluntary. However, if you don’t self-identify your gender and race/ethnicity by completing this survey, your employer is still required to include such information about you in the EEO-1 Report and can use existing employment records or visual observation to do so. Employees are not asked for their job duty however, this is a selection that must be completed by your employer.
What if I choose not to complete the survey?
If you do not self-identify your gender or race/ethnicity by completing the survey, your company is still required to include such information, on your behalf, in the EEO-1 Report. Your employer can use existing employment records or other permitted means, such as the methods outlined in this instruction booklet, 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 necessarily best represent you or your coworkers.
The required category selections are set out below:
MALE, FEMALE or NON-BINARY
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. 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 other permitted means to do so.
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.