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EEO-1 Filing Deadline Extended

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018.

An EEO-1 Report FAQ: Meeting the Deadline and Avoiding an OFCCP April Fools’ Day

The EEO-1 form allows the Equal Employment Opportunity Commission to collect data from all employers with more than 100 employees, as well as government contractors and subcontractors, on the race, ethnicity, and gender of their workforces, organized by occupational category. Compiling, reporting, and filing EEO-1 reports can be a confusing and lengthy process. The 2017 EEO-1 report must be filed by March 31, 2018. Here are some answers to contractors’ frequently asked questions on filing their EEO-1 reports as this year’s deadline approaches.

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges joined at least in part in the majority decision and held that sex discrimination under Title VII encompasses discrimination based on sexual orientation. Three judges dissented and would not have extended Title VII protection to sexual orientation. This decision came 11 months after the Eleventh Circuit declined to recognize sexual orientation as a protected category under Title VII in Evans v. Georgia Regional Hospital and 10 months after the Seventh Circuit disagreed, holding that sexual orientation is covered by Title VII, in Hively v. Ivy Tech Community College.

eLABORate: Deadline for Employers to File EEO-1 Report - March 31, 2018

The March 31, 2018 deadline for employers to file the federally mandated EEO-1 report is rapidly approaching. The EEO-1 is a compliance survey that requires company employment data to be categorized by race/ethnicity, gender and job category. The Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) use the EEO-1 to collect and analyze information from private employers and government contractors about their female and minority workforces.

EEO-1 Reporting Deadline is Rapidly Approaching

Employers should be mindful that the March 31, 2018, deadline for filing the 2017 Employer Information Report, commonly known as the EEO-1 report, is fast approaching. While the deadline previously fell on September 30, the Equal Employment Opportunity Commission (EEOC) expects to leave the filing deadline at March 31 annually moving forward. Employers may use employment figures from any pay period in October through December to gather the required data for the report. Federal contractors and subcontractors who are also required to submit a VETS-4212 filing may use a snapshot date of Dec. 31 annually for reporting on both the VETS-4212 and the EEO-1 report, though the filing deadlines remain different for the two reports. Employers may request a one-time extension of 30 days to submit their EEO-1 report if they do so before the March 31 deadline.

UPDATE: EEOC Clarifies Change to EEO-1 Reporting for Employees at Client Sites

As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites.

Changes to EEO-1 Reporting for Employees at Client Sites

As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.

EEOC: Retaliation Tops Discrimination Charges Filed in Fiscal Year 2017

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010.

Fifth Circuit Upholds Jury Verdict in Constructive Discharge Case due to Employer’s “Shifting Reasons” for Its Personnel Decisions

In Delaronde v. Legend Classic Homes, Ltd., No. 17-20027 (January 18, 2018), the Fifth Circuit Court of Appeals affirmed a district court’s denial of an employer’s post-verdict motion for judgment as a matter of law, finding that the jury had been presented with sufficient evidence to conclude that sex discrimination had motivated the transfer of a female sales associate for a Houston-area home builder from a successful community where she had achieved more than $3 million in sales to a very challenging community where the home prices were the lowest of any of the builder’s properties.

EEO-1 Survey Portal Open for Reporting

The portal is now open for employers to file their 2017 EEO-1 Surveys. The deadline to file this year is March 31, 2018. Following a reprieve in 2017, this will be employers’ first filing since the Fall of 2016. While giving employers a break from reporting, the hiatus also allowed the EEO-1 Joint Reporting Committee time to implement some changes to the reporting portal.