From The U.S. Equal Employment Opportunity Commission Website
STANDARD FORM 100, REV. 3 - 97,
EMPLOYER INFORMATION REPORT
form is available in PDF format. (To return to this window, simply close the window with the sample form.)
The Employer Information EEO-1 survey is conducted annually under the
authority of Public Law 88-352, Title VII of the Civil Rights Act of 1964, as
amended by the Equal Employment Opportunity Act of 1972. All employers with 15
or more employees are covered by Public Law 88-352 and are required to keep
employment records as specified by Commission regulations. Based on the number
of employees and federal contract activities, certain large employers are
required to file an EEO-1 report on an annual basis.
See the Appendix for the applicable provisions of the law, Section 709(c) of
Title VII, and the applicable regulations, Sections 1602.7-1602.14, Subpart B,
Chapter XIV, Title 29 of the Code of Federal Regulations. State and local
governments, school systems and educational institutions are covered by other
employment surveys and are excluded from Standard Form 100, Employer Information
In the interests of consistency, uniformity and economy, Standard Form 100
has been jointly developed by the Equal Employment Opportunity Commission and
the Office of Federal Contract Compliance Programs of the U. S. Department of
Labor, as a single form which meets the statistical needs of both programs. In
addition, this form should be a valuable tool for companies to use in evaluating
their own internal programs for insuring equal employment opportunity.
As stated above, the filing of Standard Form 100 is required by law; it
is not voluntary. Under section 709(c) of Title VII, the Equal Employment
Opportunity Commission may compel an employer to file this form by obtaining an
order from the United States District Court.
Under Section 209(a) of Executive Order 11246 the penalties for failure by a
Federal contractor or subcontractor to comply may include termination of the
Federal government contract and debarment from future Federal contracts.
1. WHO MUST FILE
Standard Form 100 must be filed by -
- 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
- All federal contractors (private employers), who: (1) are not exempt as
provided for by 41 CFR 60-1.5, (2) 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
Only those establishments located in the District of Columbia and the 50
states are required to submit Standard Form 100. No reports should be filed for
establishments in Puerto Rico, the Virgin Islands or other American
2. HOW TO FILE
The Standard Form 100 is a four-part snapout form. File the original and
first copy with the Joint Reporting Commit-tee. The remaining two copies may be
retained for employer records.
All single-establishment employers, i.e., employers doing
business at only one establishment in one location, must complete a single
Standard Form 100.
All multi-establishment employers, i.e. employers doing
business at more than one establishment, must file: (1) a report covering the
principal or headquarters office; (2) a separate report for each establishment
employing 50 or more persons; (3) a consolidated report that
MUST include ALL employees by race, sex and
job category in establishments with 50 or more employees as well as
establishments with fewer than 50 employees; and (4) a list, showing the name,
address, total employment and major activity for each establishment employ-ing
fewer than 50 persons, must accompany the consolidated report.
The total number of employees indicated on the headquarters report,
PLUS the establishment reports, PLUS the list
of establishments with fewer than 50 employees, MUST equal the
total number of employees shown on the consolidated report.
All forms for a multi-establishment company must be collected by the
headquarters office for its establishments or by the parent corporation for its
subsidiary holdings and submitted in one package.
For the purposes of this report, the term parent corporation
refers to any corporation which owns all or the majority stock of another
corporation so that the latter stands in the relation to it of a subsidiary.
3. WHEN TO FILE
This annual report must be filed with the Joint Reporting Committee not later
than September 30.
Employment figures from any pay period in July through September may be used.
Those employers with previous written approval to report year-end figures may
continue to do so.
4. WHERE TO FILE
The completed report should be forwarded in one package to the address
indicated in the survey mailout memorandum.
5. REQUESTS FOR INFORMATION AND SPECIAL PROCEDURES
An employer who claims that preparation or the filing of Standard Form 100
would create undue hardship may apply to the Commission for a special reporting
procedure. In such cases, the employer must submit in writing
an alternative proposal for compiling and reporting information to: The
EEO-1 Coordinator, EEOC-Survey Division, 1801 L Street, N.W., Washington, D.C.
Only those special procedures approved in writing by the Commission are
authorized. Such authorizations remain in effect until notification of
cancellation is given. All requests for information should be sent to the
Computer printouts or tapes may be substituted for all types of EEO-1 reports
(headquarters, individual establishments, special reports) EXCEPT the
Consolidated Report. The Consolidated Report MUST be prepared on the actual
EEO-1 form. EEOC has designed formats which employers MUST use
for computerized reports. A copy of the formats may be obtained by calling the
telephone number or writing to the address in the survey mailout memorandum.
All reports and information from individual reports will be kept
confidential, as required by Section 709(e) of Title VII. Only data aggregating
information by industry or area, in such a way as not to reveal any particular
employer's statistics, will be made public. The prohibition against disclosure
mandated by Section 709(e) does not apply to the Office of Federal Contract
Compliance Programs and contracting agencies of the Federal Government which
require submission of SF 100 pursuant to Executive Order 11246. Reports from
prime con-tractors and subcontractors doing business with the Federal Government
may not be confidential under Executive Order 11246.
7. ESTIMATE OF BURDEN
Public reporting burden for this collection of information is estimated to
average three and seven tenths (3.7) hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed and completing and reviewing the collection of
information. A response is defined as one survey form. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to:
The EEOC Clearance Officer
Office of Financial and Resource Management-
1801 L Street, N.W.
Washington, D.C. 20507
Paperwork Reduction Project (3046-0007) Office of Management and
Washington, D.C. 20503
The full text of the new OMB regulations may be found at 5 CFR Part 1320, or
Federal Register, Vol. 60, No. 167; Tuesday, August 29, 1995, page 44978.
PLEASE DO NOT SEND YOUR COMPLETED REPORT TO EITHER OF THESE
HOW TO PREPARE STANDARD FORM 100
Definitions of Terms and Categories are Located in the Appendix
SECTION A - TYPE OF REPORT
Item 1-Check one box indicating type of report.
Item 2-If you are a multi-establishment employer, enter the total number of
EEO-1 reports being submitted on your Consolidated Report.
SECTION B - COMPANY IDENTIFICATION
Item 1 - Parent Company. Please provide company name and address of the
headquarters office of the multi-establishment company which owns the
establishment in Item 2.
Item 2 - Establishment For which This report Is Filed.
Please provide the name, address and employer identification number of each
company establishment where 50 or more persons are employed, if different from
SECTION C - EMPLOYERS WHO ARE REQUIRED TO FILE
Questions 1 thru 3 MUST be answered by all employers. If the
answer to Question C-3 is Yes, please enter the company's Dun and Bradstreet
identification number if the company has one. If the answer is Yes to question
1, 2, or 3, complete the entire form. Otherwise skip to Section G.
SECTION D-EMPLOYMENT DATA
Employment data must include ALL full-time and part-time
employees who were employed during the selected payroll period, except those
employees specifically excluded as indicated in the Appendix. Employees must be
counted by sex and race/ethnic category for each of the nine occupational
Establishments located in Hawaii will report only total employment in columns
A, B, and G. All male employees should be reported in column B regardless of
race/ethnic designation; and all female employees should be reported in column G
regardless of race/ethnic designation.
- Race/Sex Data - See Appendix for detailed explanation of job categories
and race/ethnic identification.
Every employee must be accounted for in one and ONLY one
of the categories in Columns B thru K.
- Occupational Data - Employment data must be reported by job category.
Report each employee in only one job category. In order to simplify and
standardize the method of reporting, all jobs are considered as belonging in
one of the broad occupations shown in the table. To assist you in determining
where to place your jobs within the occupational categories, a description of
job categories is in the Appendix. For further clarification, you may wish to
consult the Alphabetical and Classified Indices of Industries and Occupations
(1980 Census) published by the U.S. Department of Commerce, Census Bureau.
SECTION E - ESTABLISHMENT INFORMATION
The major activity should be sufficiently descriptive to identify the
industry and product produced or service provided. If an establishment is
engaged in more than one activity, describe the activity at which the
greatest number of employees work.
The description of the major activity indicated on the Headquarters'
Report (Type 3) must reflect the dominant economic activity of the company in
which the greatest number of employees are engaged.
SECTION F - REMARKS
Include in this section any remarks, explanations, or other pertinent
information regarding this report.
If all reports have been completed at headquarters, the authorized official
should check Item 1 and sign the consolidated report only.
If the reports have been completed by the individual establishments, the
authorized official should check Item 2 and sign the establishment report.
DEFINITIONS APPLICABLE TO ALL EMPLOYERS
- "Commission" refers to the Equal Employment Opportunity Commission.
- "OFCCP" refers to the Office of Federal Contract Compliance Programs, U.S.
Department of Labor, established to implement Executive Order 11246, as
- "Joint Reporting Committee" is the committee represent-ing the Commission
and OFCCP for the purpose of administering this report system.
- "Employer" under Section 701(b), Title VII of the Civil Rights Act of
1964, as amended by the Equal Employment Opportunity Act of 1972, means a
person engaged in an industry affecting commerce who has fifteen or more
employees for each working day in each of twenty or more calendar weeks in the
current or preceding calendar year, and any agent of such a person, but such
term does not include the United States, a corporation wholly owned by the
Government of the United States, an Indian tribe, or any department or agency
of the District of Columbia subject by statute to procedures of the
competitive service (as defined in section 2102 of Title 5 of the United
States Code), or a bona fide private membership club (other than a labor
organization) which is exempt from taxation under Section 501(c) of the
Internal Revenue Code of 1954; OR any person or entity subject to Executive
Order 11246 who is a Federal Government prime contractor or subcontractor at
any tier (including a bank or other establishment serving as a depository of
Federal Government funds, or an issuing and paying agent of U.S. Savings Bonds
and Notes, or a holder of a Federal Government bill of lading) or a
federally-assisted construction prime contractor or subcontractor at any tier.
- "Employee" means any individual on the payroll of an employer who is an
employee for purposes of the employer's withholding of Social Security taxes
except insurance sales-men who are considered to be employees for such
purposes solely because of the provisions of Section 3121 (d) (3) (B) of the
Internal Revenue Code. Leased employees are included in this definition.
Leased Employee means a permanent employee provided by an employment agency
for a fee to an outside company for which the employment agency handles all
personnel tasks including payroll, staffing, benefit payments and compliance
reporting. The employment agency shall, therefore, include leased employees in
its EEO-1 report. The term employee SHALL NOT include persons who are hired on
a casual basis for a specified time, or for the duration of a specified job,
and work on remote or scattered sites or locations where it is not practical
or feasible for the employer to make a visual survey of the work force within
the report period (for example, persons at a construction site whose
employment relationship is expected to terminate with the end of the
employee's work at the site); persons temporarily employed in any industry
other than construction, such as office workers, mariners, stevedores, lumber
yard workers, etc., who are obtained through a hiring hall or other referral
arrangement, through an employee contractor or agent, or by some individual
hiring arrangement, or persons (EXCEPT leased employees) on the payroll of an
employment agency who are referred by such agency for work to be performed on
the premises of another employer under that employer's direction and control.
It is the opinion of the General Counsel of the Commission that Section
702, Title VII of the Civil Rights Act of 1964, as amended, does not authorize
a complete exemption of religious organizations from the coverage of the Act
or of the reporting requirements of the Commission. The exemption for
religious organizations applies to discrimination on the basis of religion.
Therefore, since Standard Form 100 does not provide for information as to the
religion of employees, religious organizations must report all information
required by this form.
- "Commerce" means trade, traffic, commerce, transportation, transmission,
or communication among the several States; or between a State and any place
outside thereof; or within the District of Columbia, or a possession of the
United States; or between points in the same State but through a point outside
- "Industry Affecting Commerce" means any activity, business or industry in
commerce or in which a labor dispute would hinder or obstruct commerce or the
free flow of commerce and includes any activity or industry "affecting
commerce" within the meaning of the Labor Management Reporting and Disclosure
Act of 1959. Any employer of 15 or more persons is presumed to be in an
"industry affecting commerce."
- "Employer Identification Number" is the 9-digit number which each legal
entity (corporation, partnership, or sole proprietorship) has been assigned on
the basis of its application (Form SS-4) to Internal Revenue Service for an
identification number, and is used to identify the company on all company
reports to the Social Security Administration and to the Internal Revenue
Service. This number should also be used on all employer in-formation reports
and communications concerning these reports.
- "Establishment" is an economic unit which produces goods or services, such
as factory, office, store, or mine. In most instances, the establishment is at
a single physical location and is engaged in one, or predominantly one, type
of economic activity (definition adapted from the 1972 Standard Industrial
Units at different physical locations, even though engaged in the same kind
of business operation, must be reported as separate establishments. For
locations involving construction, transportation, communications, electric,
gas, and sanitary services, oil and gas fields, and similar types of
physically dispersed industrial activities, however, it is not necessary to
list separately each individual site, project, field, line, etc., unless it is
treated by you as a separate legal entity with a separate EI number. For these
types of activities, list as establishments only those relatively permanent
main or branch offices, terminals, stations etc., which are either: (a)
directly responsible for super-vising such dispersed activities, or (b) the
base from which personnel and equipment operate to carry out these activities.
(Where these dispersed activities cross State lines, at least one such
"establishment" should be listed for each State involved.)
- "Major Activity" means the major product or group of products produced or
handled, or services rendered by the reporting unit (e.g., manufacturing
airplane parts, retail sales of office furniture) in terms of the activity at
which the greatest number of all employees work. The description includes the
type of product manufactured or sold or the type of service provided.
DEFINITIONS APPLICABLE ONLY TO GOVERNMENT CONTRACTORS SUBJECT TO EXECUTIVE
- "Order" means Executive Order 11246, as amended.
- "Contract" means any Government contract or any feder- ally assisted
- "Prime Contractor" means any employer having a Government contract or any
federally assisted construction contract, or any employer serving as a
depository of Federal Government funds.
- "Subcontractor" means any employer having a contract with a prime
contractor or another subcontractor calling for supplies or services required
for the performance of a Government contract or federally assisted
- "Contracting Agency" means any department, agency and establishment in the
executive branch of the Government, including any wholly owned Government
corporation, which enters into contracts.
- "Administering Agency" means any department, agency and establishment in
the executive branch of the Government, including any wholly owned Government
corporation, which administers a program involving federally assisted
RESPONSIBILITIES OF PRIME CONTRACTORS
- At the time of an award of a subcontract subject to these reporting
requirements, the prime contractor shall inform the subcontractor of its
responsibility to submit annual information reports in accordance with these
instructions and, where necessary, provide the subcontractor with copies of
Standard Form 100 which it shall obtain from its Contracting Officer.
- If prime contractors are required by their Contracting Officer or
subcontractors by their prime contractors, to submit notification of filing,
they shall do so by ordinary correspondence. However, such notification is not
required by and should not be sent to the Joint Reporting Committee.
You may acquire the race/ethnic information necessary for this report either
by visual surveys of the work force, or from post-employment records as to the
identity of employees. Eliciting information on the race/ethnic identity of an
employee by direct inquiry is not encouraged.
Where records are maintained, it is recommended that they be kept separately
from the employee's basic personnel file or other records available to those
responsible for personnel decisions.
Since visual surveys are permitted, the fact that race/ethnic identifications
are not present on employment records is not an excuse for failure to provide
the data called for.
Moreover, the fact that employees may be located at different addresses does
not provide an acceptable reason for failure to comply with the reporting
requirements. In such cases, it is recommended that visual surveys be conducted
for the employer by persons such as supervisors who are responsible for the work
of the employees or to whom the employees report for instructions or
Please note that conducting a visual survey and keeping post-employment
records of the race/ethnic identity of employees is legal in all jurisdictions
and under all Federal and State laws.
Race/ethnic designations as used by the Equal Employment Opportunity
Commission do not denote scientific definitions of anthropological origins. For
the purposes of this report, an employee may be included in the group to which
he or she appears to belong, identifies with, or is regarded in the community as
belonging. However, no person should be counted in more than one race/ethnic
group. The race/ethnic categories for this survey are:
White (Not of Hispanic origin)-All persons having origins in
any of the original peoples of Europe, North Africa, or the Middle East.
Black (Not of Hispanic origin)-All persons having origins in
any of the Black racial groups of Africa.
Hispanic - All persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin, regardless of
Asian or Pacific Islander - All persons having origins in
any of the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands. This area includes, for example, China,
India, Japan, Korea, the Philippine Islands, and Samoa.
American Indian or Alaskan Native - All persons having
origins in any of the original peoples of North America, and who maintain
cultural identification through tribal affiliation or community recognition.
5. DESCRIPTION OF JOB CATEGORIES
Officials and managers. - Occupations requiring administrative and
managerial personnel who set broad policies, exercise overall responsibility for
execution of these policies, and direct individual departments or special phases
of a firm's operations. Includes: officials, executives, middle management,
plant managers, department managers, and superintendents, salaried supervisors
who are members of management, purchasing agents and buyers, railroad conductors
and yard masters, ship captains, mates and other officers, farm operators and
managers, and kindred workers.
Professionals. - Occupations requiring either college graduation or
experience of such kind and amount as to provide a comparable background.
Includes: accountants and auditors, airplane pilots and navigators, architects,
artists, chemists, designers, dietitians, editors, engineers, lawyers,
librarians, mathematicians, natural scientists, registered professional nurses,
personnel and labor relations specialists, physical scientists, physicians,
social scientists, teachers, surveyors and kindred workers.
Technicians. - Occupations requiring a combination of basic
scientific knowledge and manual skill which can be obtained through 2 years of
post high school education, such as is offered in many technical institutes and
junior colleges, or through equivalent on-the-job training. Includes: computer
programmers, drafters, engineering aides, junior engineers, mathematical aides,
licensed, practical or vocational nurses, photographers, radio operators,
scientific assistants, technical illustrators, technicians (medical, dental,
electronic, physical science), and kindred workers.
Sales. - Occupations engaging wholly or primarily in direct selling.
Includes: advertising agents and sales workers, insurance agents and brokers,
real estate agents and brokers, stock and bond sales workers, demonstrators,
sales workers and sales clerks, grocery clerks, and cashiers/checkers, and
Office and clerical. - Includes all clerical-type work regard-less
of level of difficulty, where the activities are predominantly nonmanual though
some manual work not directly involved with altering or transporting the
products is included. Includes: bookkeepers, collectors (bills and accounts),
messengers and office helpers, office machine operators (including computer),
shipping and receiving clerks, stenographers, typists and secretaries, telegraph
and telephone operators, legal assistants, and kindred workers.
Craft Workers (skilled). - Manual workers of relatively high skill
level having a thorough and comprehensive knowledge of the processes involved in
their work. Exercise considerable independent judgment and usually receive an
extensive period of training. Includes: the building trades, hourly paid
supervisors and lead operators who are not members of management, mechanics and
repairers, skilled machining occupations, compositors and typesetters,
electricians, engravers, painters (construction and maintenance), motion picture
projectionists, pattern and model makers, stationary engineers, tailors and
tailoresses, arts occupations, handpainters, coaters, bakers, decorating
occupations, and kindred workers.
Operatives (semiskilled) - Workers who operate machine or processing
equipment or perform other factory-type duties of intermediate skill level which
can be mastered in a few weeks and require only limited training. Includes:
apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians,
machinists, mechanics, building trades, metalworking trades, printing trades,
etc.), operatives, attendants (auto service and parking), blasters, chauffeurs,
delivery workers, sewers and stitchers, dryers, furnace workers, heaters,
laundry and dry cleaning operatives, milliners, mine operatives and laborers,
motor operators, oilers and greasers (except auto), painters (manufactured
articles), photographic process workers, truck and tractor drivers, knitting,
looping, taping and weaving machine operators, welders and flamecutters,
electrical and electronic equipment assemblers, butchers and meatcutters,
inspectors, testers and graders, handpackers and packagers, and kindred
Laborers (unskilled). - Workers in manual occupations which
generally require no special training who perform elementary duties that may be
learned in a few days and require the application of little or no independent
judgment. Includes: garage laborers, car washers and greasers, groundskeepers
and gardeners, farmworkers, stevedores, wood choppers, laborers performing
lifting, digging, mixing, loading and pulling operations, and kindred
Service workers. - Workers in both protective and non-protective
service occupations. Includes: attendants (hospital and other institutions,
professional and personal service, including nurses aides, and orderlies),
barbers, charworkers and cleaners, cooks, counter and fountain workers, elevator
operators, firefighters and fire protection, guards, door-keepers, stewards,
janitors, police officers and detectives, porters, waiters and waitresses,
amusement and recreation facilities attendants, guides, ushers, public
transportation attendants, and kindred workers.
6. LEGAL BASIS FOR REQUIREMENTS
SECTION 709(c), TITLE VII, CIVIL RIGHTS ACT OF 1964
(As Amended by the
Equal Employment Opportunity Act of 1972)
Every employer, employment agency, and labor organization subject to this
title shall (1) make and keep such records relevant to the determinations of
whether unlawful employment practices have been or are being committed, (2)
preserve such records for such periods, and (3) make such reports there-from as
the Commission shall prescribe by regulation or order, after public hearing, as
reasonable, necessary, or appropriate for the enforcement of this title or the
regulations or orders there-under. The Commission shall, by regulation, require
each employer, labor organization, and joint labor-management committee subject
to this title which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the purposes of
this title, including, but not limited to, a list of applicants who wish to
participate in such program, including the chronological order in which
applications were received, and to furnish to the Commission upon request, a
detailed description of the manner in which persons are selected to participate
in the apprentice-ship or other training program. Any employer, employment
agency, labor organization, or joint labor-management committee which believes
that the application to it of any regulation or order issued under this section
would result in undue hardship may apply to the Commission for an exemption from
the application of such regulation or order, and, if such application for an
exemption is denied, bring a civil action in the United States District Court
for the district where such records are kept. If the Commission or the court, as
the case may be, finds that the application of the regulation or order to the
employer, employment agency, or labor organization in question would impose an
undue hardship, the Commission or the court, as the case may be, may grant
appropriate relief. If any person required to comply with the provisions of this
sub-section fails or refuses to do so, the United States District Court for the
district in which such person is found, resides, or transact business, shall,
upon application of the Commission, or the Attorney General in a case involving
a government, governmental agency or political subdivision, have jurisdiction to
issue to such person an order requiring him to comply.
TITLE 29, CHAPTER XIV CODE OF FEDERAL REGULATIONS
Subpart B - Employer Information Report
� 1602.7 Requirement for filing of report.
On or before September 30 of each year, every employer that is subject to
Title VII of the Civil Rights Act of 1964, as amended, and that has 100 or more
employees, shall file with the Commission or its delegate executed copies of
Standard Form 100, as revised (otherwise known as "Employer Information Report
EEO-1"), in conformity with the directions set forth in the form and
accompanying instructions. Notwithstanding the provisions of � 1602.14, every
such employer shall retain at all times at each reporting unit, or at company or
divisional headquarters, a copy of the most recent report filed for each such
unit and shall make the same avail-able if requested by an officer, agent, or
employee of the Commission under the authority of section 710(a) of Title VII.
Appropriate copies of Standard Form 100 in blank will be supplied to every
employer known to the Commission to be subject to the reporting requirements,
but it is the responsibility of all such employers to obtain necessary supplies
of the form from the Commission or its delegate prior to the filing date.
� 1602.8 Penalty for making of willfully false statements on report.
The making of willfully false statements on Report EEO-1 is a violation of
the United States Code, Title 18, section 1001, and is punishable by fine or
imprisonment as set forth therein.
� 1602.9 Commission's remedy for employer's failure to file report.
Any employer failing or refusing to file Report EEO-1 when required to do so
may be compelled to file by order of a U.S. District Court, upon application of
� 1602.10 Employer's exemption from reporting requirements.
If an employer claims that the preparation or filing of the report would
create undue hardship, the employer may apply to the Commission for an exemption
from the requirements set forth in this part, according to instruction 5. If an
employer is engaged in activities for which the reporting unit criteria
described in section 5 of the instructions are not readily adaptable, special
reporting procedures may be required. If an employer seeks to change the date
for filing its Standard Form 100 or seeks to change the period for which data
are reported, an alternative reporting date or period may be permitted. In such
instances, the employer should so advise the Commission by submitting to the
Commission or its delegate a specific written proposal for an alternative
reporting system prior to the date on which the report is due.
� 1602.11 Additional reporting requirements.
The Commission reserves the right to require reports, other than that
designated as the Employer Information Report EEO-1, about the employment
practices of individual employers or groups of employers whenever, in its
judgment, special or supplemental reports are necessary to accomplish the
pur-poses of Title VII or the ADA. Any system for the requirement of such
reports will be established in accordance with the procedures referred to in
section 709(c) of Title VII or section 107 of the ADA and as otherwise prescibed
Subpart C-Recordkeeping by Employers
� 1602.12 Records to be made or kept.
The Commission has not adopted any requirement, generally applicable to
employers, that records be made or kept. It reserves the right to impose
recordkeeping requirements upon individual employers or groups of employers
subject to its jurisdiction whenever, in its judgment, such records (a) are
necessary for the effective operation of the EEO-1 reporting system or of any
special or supplemental reporting system as described above; or (b) are further
required to accomplish the purposes of Title VII or the ADA. Such record keeping
requirements will be adopted in accordance with the procedures referred to in
section 709(c) of Title VII, or section 107 of the ADA, and otherwise prescribed
� 1602.13 Records as to racial or ethnic identity of employees.
Employers may acquire the information necessary for completion of items 5 and
6 of Report EEO-1 either by visual surveys of the work force, or at their
option, by the maintenance of post-employment records as to the identity of
employees where the same is permitted by State law. In the latter case, however,
the Commission recommends the maintenance of a permanent record as to the racial
or ethnic identity of an individual for purpose of completing the report form
only where the employer keeps such records separately from the employee's basic
personnel form or other records available to those responsible for personnel
decisions, e.g., as part of an automatic data processing system in the payroll
� 1602.14 Preservation of records made or kept.
Any personnel or employment record made or kept by an employer (including but
not necessarily limited to requests for reasonable accommodation, application
forms submitted by applicants and other records having to do with hiring,
promotion, demotion, transfer, lay-off or termination, rates of pay or other
terms of compensation, and selection for training or apprenticeship) shall be
preserved by the employer for a period of one year from the date of the making
of the record or the personnel action involved, whichever occurs later. In the
case of involuntary termination of an employee, the personnel records of the
individual terminated shall be kept for a period of one year from the date of
termination. Where a charge of discrimination has been filed, or an action
brought by the Commission or the Attorney General, against an employer under
Title VII or the ADA, the respondent employer shall preserve all personnel
records relevant to the charge or the action until final disposition of the
charge or the action. The term "personnel records relevant to the charge", for
example, would include personnel or employment records relating to the aggrieved
person and to all other employees holding positions similar to that held or
sought by the aggrieved person and application forms or test papers completed by
an unsuccessful applicant and by all other candidates for the same position as
that for which the aggrieved per-son applied and was rejected. The date of
final disposition of the charge or the action means the date of
expiration of the statutory period within which the aggrieved person may bring
an action in a U. S. District Court or, where an action is brought against an
employer either by the aggrieved person, the Commission, or by the Attorney
General, the date on which such litigation is terminated.
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