Contractors’ EEO-1, Veterans Data Collection Period Clarified

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By Jay-Anne B. Casuga

Federal contractors can align the data collection periods for their equal employment opportunity and veterans reporting requirements for 2018, the Labor Department said in a letter obtained by Bloomberg BNA.

This clarification can reduce data collection and reporting burdens for contractors, Mickey Silberman, a management attorney with Jackson Lewis in Denver, told Bloomberg BNA July 27. Silberman is co-chair of the firm’s Affirmative Action & OFCCP Defense Practice Group and Pay Equity Resource Group. He’s also a co-chair of the Institute for Workplace Equality, a national nonprofit employer association in Washington that provided the letter to Bloomberg BNA.

Contractors with more than 100 employees must annually submit an EEO-1 report to the Equal Employment Opportunity Commission. The report includes employment data categorized by race, ethnicity, gender, and job category in a 12-month workforce “snapshot.” Beginning in 2018, companies must also submit summary compensation data categorized by race, gender, and ethnicity, unless the Trump administration nixes that requirement.

An employer with government contracts worth more than $150,000 also must annually submit a VETS-4212 report, aggregating the number of veterans it hires or employs in a 12-month snapshot.

Previously, both reports had similar filings deadlines: Sept. 30 of each year. And the data collection time period for both reports could coincide.

But the revision that added the pay data collection to the new EEO-1 report changed the form’s deadline to March 30 of each year beginning in 2018. The commission also moved the EEO-1’s snapshot period to the 12 months preceding Dec. 31.

The Institute for Workplace Equality asked Labor Secretary Alexander Acosta in a June 2017 letter if contractors could still align the data collection and filing periods for the EEO-1 and VETS-4212 reports.

The DOL in a July 24 response said contractors could align the 2017 data collection periods for both reports that will be submitted in 2018. That means contractors can pull data from Jan. 1, 2017, to Dec. 31, 2017, for the 12-month snapshot for both reports.

“This will reduce the burden for those contractors that take advantage and pull data on a single snapshot date,” Silberman said. “That can only be done for 2018 EEO-1 and VETS-4212 reporting and thereafter.”

However, contractors still must adhere to each form’s filing deadlines, the agency said. That means March 31, 2018, for the EEO-1 report and Sept. 30, 2018, for the VETS-4212 report. Any changes to the veterans filing deadline must go through formal notice-and-comment rulemaking, the agency said.

“Such a rulemaking could be considered in a future update to the department’s regulatory agenda,” it said.

To contact the reporter on this story: Jay-Anne B. Casuga in Washington at

To contact the editors responsible for this story: Peggy Aulino at; Terence Hyland at; Chris Opfer at

For More Information

The Institute for Workplace Equality's letter to Labor Secretary Acosta is available at The DOL's response is available at

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