Changes to EEO-1 Reporting for Employees at Client Sites

March 05, 2018

The portal continues to be open for employers to file their 2017 EEO-1 Surveys. The deadline to file this yearis March 31, 2018. The Equal Employment Opportunity Commission Joint Reporting Commission has made achange to the way employers must report certain types of employees.

Employers with employees who “regularly report”to client sitesmust nowreport such employees on an appropriate EEO-1 report using theaddress of theclientsite– as opposed to reporting them using the employer’s address.The employeeswould not be on the client’s EEO-1 reports or combined therewith, but rather made in connection with the employer’s own EEO-1 reporting. The Guidance released does not define or provide a benchmark as to what is considered “regularly” reporting.

The implications of this forOffice of Federal Contract Compliance Programs (OFCCP) auditsare unknown at this time, but conceivably, since OFCCP relies on EEO-1 reports as part of itsaudit selection process, if an employer files a Type 4 EEO-1 report reflecting 50 or more of its employees at the address of a client, the report may be a factor triggering an OFCCP compliance evaluation of that establishment. It is too soon to know the full effect of this change, or the position OFCCP will take on it, but it issomething tokeep in mind.