Question: We are a private employer and had 100 employees for a portion of last year, but for the rest of the year we had fewer than 100 employees. Are we required to file an EEO-1 report?
Answer: All private employers that are covered by Title VII and have 100 or more employees must file an EEO-1 report that includes data about each employee’s race, gender, EEO-1 job category, and physical location (and now, pay). The workforce snapshot is a pay period between October 1 and December 31 of the reporting year. Therefore, if the employer did not meet the 100-employee threshold by the start of the workforce snapshot in the current survey year, then that employer is not required to file an EEO-1 report because it does not meet the employee-count threshold.
The number of employees does not include applicants or non-employees such as independent contractors; however, it does include part-time and telecommuting employees.
All companies that meet the following criteria are required to file the EEO-1 report annually:
Instructions for completing the survey and more are available on the Equal Employment Opportunity Commission (EEOC) website, with frequently asked questions available here and registration here.