In a recent BLR webinar, Richele K. Taylor lent her expertise on EEO-1 reports to help participants understand the requirements; she gave a lot of helpful advice and took the time to answer many participant questions. When an employer is faced with a changing situation or realizes too late that they inadvertently filed incorrectly, what should they do? Taylor gave some advice.
Q. If we have inadvertently filed as a government contractor, and now we are not a government contractor, should we amend our EEO-1 report or simply alter it moving forward?
A. I would alter it going forward. If you amend it, that will create a red flag and likely cause undue attention. As long as it was not intentional or falsified information, it should be okay. Next year, add to the remarks that you realized you were no longer a government contractor and therefore we have not indicated such this year.
Q. If in the past we filed as a single establishment and we now file as a multi-establishment—will that single us out for an audit? Also, would you mark "not filed last year" since it was not filed for all establishments separately in the past?
A. It’s going to depend on why you didn’t file that way before. I would change it to make sure it is correct. It’s likely not going to flag you – changing to a multi-establishment just shows company growth. On the second question, I would check that it was filed before and include the details in the comments section explaining the change.
Q. We were previously unaware of the obligation to file an EEO-1 report, so this will be our first time filing. What is the likelihood of an audit or what are the potential effects of this?
A. If you’re a federal contractor, you may be flagged if you’ve not been filing. But as far as EEO-1 reports, they just want you to file and keep the information. There are usually no ramifications if you were flagged for not filing in the past. Usually the way a company who hasn’t filed is discovered is if a charge is levied by the EEOC and no EEO-1 information is on file. Otherwise, there’s not typically any pushback from the EEOC for unfiled forms from years past.
See our related article on FAQs regarding when employers are required to file. Tomorrow’s article will discuss EEO reporting procedures.
For more information on filing procedures for EEO-1 reports, order the webinar recording of "HR’s EEO-1 Report Deadline: How to Re-Survey Employees and File In Time." To register for a future webinar, visit http://catalog.blr.com/audio.
Attorney Richele K. Taylor is Of Counsel with the law firm of Fisher & Phillips LLP. She has successfully represented employers in state and federal courts, and before administrative agencies on a variety of issues, such as Title VII, the FMLA, ADEA, breach of contract and wrongful termination claims.