Filing Deadline is Here (September 30) for EEO-1 and VETS Reports

September 29, 2009

As a reminder to our clients, the filing deadline for both the annual EEO-1 and the VETS Reports is September 30, 2009 (until midnight).

Employers are encouraged to submit these reports online. The EEO-1 Report provides a count of employees by job category and then by ethnicity, race, and gender. The VETS Report summarizes information on the number of employees in your workforce who belong to categories of veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act.

Who Must File?

The EEO-1 Report must be filed by

A. All private employers: subject to Title VII (1) with 100 or more employees excluding state and local governments, primary and secondary school systems, institutions of higher learning, Indian tribes and tax-exempt private membership clubs other than labor organizations; OR (2) with fewer than 100 employees if the company is owned or affiliated with another company, or there is central ownership, control or management so that the group constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.

B. All federal contractors (private employers), who: have 50 or more employees, and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; OR (b) serve as a depository of Government funds in any amount, OR (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

If you have a federal government contract or subcontract in the amount of $100,000 or more that was entered into or modified on or after December 1, 2003, you must submit the VETS-100A Report.

The report required for contractors or subcontractors with federal contracts that were entered into before December 1, 2003 and have a value of $25,000 or more continues to be the VETS-100 Report. Contractors and subcontractors that have contracts which fall into both categories are required to file both forms.

What if I Don't Submit the Report?

These reports are not optional for the employers described above. The EEO-1 Report is required by law. Under section 709(c) of Title VII, the EEOC may compel an employer to file this report by obtaining an order from the United States District Court.

Failure to submit a VETS-100 Report can lead to two types of sanctions for noncompliant federal contractors or subcontractors. First, information on noncompliance that comes to the attention of the Department of Labor will be provided to the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP generally attempts to negotiate a mutually acceptable remedy with the contractor in order to resolve this major violation.

Second, recently enacted federal legislation forbids federal contracting officers to award or modify federal contracts unless the current VETS-100 Reports have been submitted. The Secretary of Labor makes a database available to federal contracting officers listing the VETS-100 Reports received from federal contractors and subcontractors.

Can I Request an Extension of the Deadline?

To request an extension in submitting the EEO-1 Report, employers can submit an emai to: e1.extensions@eeoc.gov before September 30. The email should include your company name, company number, address, and the contact information of the person responsible for the report.

If your company cannot meet the September 30 deadline, you may request an extension before September 30, by contacting the VETS-100 Help Desk at (301)586-1580 or via email:helpdesk@vets100.com.

Clients who have questions or need assistance in completing and submitting these reports or who need extensions are urged to contact SESCO for assistance at 423- 764- 4127. Compliance materials can be ordered through SESCO or on line.