Who Must File EEO-1 Reports?



OFCCP regulations require that each prime contractor and subcontractor file the Standard Form 100 (EEO-1) in accordance with 41 CFR Sec. 60-1.7(a), if the contractor/subcontractor:
  1. is not exempt from the provisions of 41 CFR Chapter 60
  2. has 50 or more employees;
  3. is a prime contractor or first tier subcontractor; and
  4. a. has a contract, subcontract or purchase order amounting to $50,000.00 or more;
    b. serves as a depository of Government funds in any amount
    c. is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes.
However, any subcontractor below the first tier that performs construction work below the first tier at the site of construction is required to file the EEO-1 report in accordance with 41 CFR Sec. 60-1.7(a) if it meets the requirements of items (1), (2) and (4) listed above.

Additionally, EEOC regulations require filing of the EEO-1 report by:
    A. All private employers who are:
      1. subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations;

      OR

      2. subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
      All private employers with 15 or more employees are subject to Title VII of the Civil Rights Act of 1964.

Who Must Establish Affirmative Action Plans?
Each Government contractor with 50 or more employees and $50,000 or more in government contracts is required to develop a written affirmative action program (AAP) for each of its establishments.

For more information on compliance for federal contractors, visit the Office of Federal Contractor Compliance website at www.dol.gov/elaws/ofccp.htm.

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