Form SF 100 SF 100 EEO-1 survey

EEO-1 JOINT REPORTING COMMITTEE

O.M.B. No. 3046-0007
Approval Expires 1/2009

Ɣ Equal Employment Opportunity Commission
Ɣ Office of Federal Contract Compliance Programs

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
WASHINGTON, D.C. 20507

EQUAL EMPLOYMENT OPPORTUNITY
STANDARD FORM 100, REV. January 2006, EMPLOYER INFORMATION REPORT EEO-1

INSTRUCTION BOOKLET
The Employer Information EEO-1 survey is conducted
annually under the authority of Title VII of the Civil Rights Act of
1964, 42 U.S.C. 2000e, et. seq., as amended. All employers with
15 or more employees are covered by Title VII 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, 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 Report EEO-1.
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 —
(A) All private employers who are: (1) subject to Title VII of
the Civil Rights Act of 1964, as amended, 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.
(B) 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 Notes.
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 Protectorates.
2. HOW TO FILE
NOTE: Submission of EEO-1 data through the EEO-1 Online
Filing System or as an electronically transmitted data file is
strongly preferred. See paragraph 6, “EEO-1 Alternate
Reporting Formats.”
Single-establishment employers, i.e., employers doing
business at only one establishment in one location must complete
a single EEO-1 online data record or submit a single EEO-1 paper
report.
Multi-establishment employers, i.e., employers doing
business at more than one establishment, must complete online:
(1) a report covering the principal or headquarters office; (2) a
separate report for EACH establishment employing 50 or more
persons; and (3) a separate report (Type 8 record) for each
establishment employing fewer than 50 employees, OR an

Establishment List (Type 6 record), showing the name, address,
and total employment for each establishment employing fewer
than 50 persons, including a Type 6 employment data grid that
combines all employees working at establishments employing
fewer than 50 employees by race, sex, and job category. For the
EEO-1 online application, keyed employment data automatically
transfers to the overall Consolidated Report.
The total number of employees indicated on the headquarters
report, PLUS the establishment reports, PLUS the list of
establishments employing fewer than 50 employees, MUST equal
the total number of employees shown on the Consolidated Report.
Employment data for multi-establishment companies, including
parent corporations and their subsidiary holdings, must report all
employees working at each company establishment or subsidiary
establishment. 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 relates to it
as a subsidiary.

3. WHEN TO FILE
This annual report must be filed not later than September 30.
Employment figures from any pay period in July through
September may be used.

4. WHERE TO FILE [Paper EEO-1 form(s) ONLY]
Mail one copy to the address indicated in the annual survey
mailout memorandum.

5. REQUESTS
FOR
INFORMATION
SPECIAL PROCEDURES

AND

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 a detailed alternative proposal
for compiling and reporting information to: The EEO-1
Coordinator, EEOC-Survey Division, 1801 L Street, NW,
Washington, DC 20507.
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 address above.

6. EEO-1 ALTERNATE REPORTING FORMATS
EEO-1 reporting is an electronic, online application. Pursuant
to the Government Paperwork Elimination Act of 1998, we
STRONGLY recommend that EEO-1 reports be submitted via the
EEO-1 Online Filing System, or as an electronically transmitted
data file. A copy of the prescribed EEO-1 data file format is
available at the website address in the survey mailout
memorandum; or by calling the telephone number or writing to the
address in the survey mailout memorandum. Paper EEO-1 forms
will be generated on request only, in extreme cases where Internet
access is not available to the employer. An EEO-1 report
submitted on paper must be prepared following the directions in
paragraph 2, “HOW TO FILE”.

7. CONFIDENTIALITY
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 contractors and
subcontractors doing business with the federal government may
not be confidential under Executive Order 11246.

8. ESTIMATE OF BURDEN
Public reporting burden for this collection of information is
estimated to average three and five tenths (3.5) 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 the Chief Financial Officer and Administrative
Services – Room 2100
1801 L Street, N.W.
Washington, D.C. 20507
AND
Paperwork Reduction Project (3046-0007)
Office of Management and Budget
Washington, D.C. 20503
The full text of the OMB regulations may be found at 5 CFR
Part 1320. PLEASE DO NOT SEND YOUR COMPLETED
REPORT TO EITHER OF THESE ADDRESSES.

EEO-1 Terms Applicable To All
Reporting Formats
Type of Report (Status Code)
1– Single-establishment company
Multi-establishment company
2– Consolidated Report (Required)
3 – Headquarters Report (Required)
4 – Establishment Report (50 or more employees)
6 – Establishment List (Option 1)
8 – Establishment Report (less than 50 employees) (Option 2)

APPENDIX

Company Identification
Refers to the company name and address of the headquarters office
of the multi-establishment company (Report Types 2 and 3); or the
establishment name and address.

1. DEFINITIONS
EMPLOYERS

Employers Who Are Required To File

a.
“Commission” refers to the Equal Employment
Opportunity Commission.
b.
“OFCCP” refers to the Office of Federal Contract
Compliance Programs, U.S. Department of Labor, established to
implement Executive Order 11246, as amended.
c.
“Joint Reporting Committee” is the committee
representing the Commission and OFCCP for the purpose of
administering this report system.
d.
“Employer” under Section 701(b), Title VII of the Civil
Rights Act of 1964, as amended, 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.
e.
“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 agents
who are considered to be employees for such purposes solely
because of the provisions of 26 USC 3121 (d) (3) (B) (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 (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 temporary office
workers, mariners, stevedores, lumber yard workers, etc., who are
hired 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

Questions 1, 2 and 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.
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 or ethnic
category for each of the ten occupational categories and
subcategories. See Appendix for detailed explanation of job
categories and race and ethnic identification.
Every employee must be accounted for in one and ONLY one
of the categories in Columns A thru N.
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 EEO-1 Job Classification Guide or you may consult the
“EEO-1-Census Codes Cross Walk” on the Commission’s web
site. For further clarification, you may wish to consult the
Alphabetical and Classified Indices of Industries and Occupations
(2000 Census) published by the U.S. Department of Commerce,
Census Bureau.
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.
Remarks
Include in this section any remarks, explanations, or other
pertinent information regarding this report.
Certification
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.

APPLICABLE

TO

ALL

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 the Standard Form 100 does not provide for
information as to the religion of employees, religious organizations
must report all information required by this form.
f. “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
thereof.
g. “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.”
h. “Establishment” is an economic unit which produces goods or
services, such as a 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 North American Industry
Classification System - 2002).
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. 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 supervising 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.)
i. “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.

2. DEFINITIONS APPLICABLE ONLY TO
GOVERNMENT CONTRACTORS SUBJECT
TO EXECUTIVE ORDER 11246
a.
“Order” means Executive Order 11246, as amended.
b.
“Contract” means any government contract or any federally-assisted construction contract.
c.
“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.
d. “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 construction contract.
e. “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.
f. “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 construction
contracts.

3. RESPONSIBILITIES
CONTRACTORS

OF

PRIME

a. 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 EEO-1
employment data in accordance with these instructions.
b. 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.

4.

RACE AND ETHNIC IDENTIFICATION

Self-identification is the preferred method of identifying the race
and ethnic information necessary for the EEO-1 report.
Employers are required to attempt to allow employees to use selfidentification to complete the EEO-1 report. If an employee
declines to self-identify, employment records or observer
identification may be used.
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.
Race and ethnic designations as used by the Equal Employment
Opportunity Commission do not denote scientific definitions of
anthropological origins. Definitions of the race and ethnicity
categories are as follows:
Hispanic or Latino - A person of Cuban, Mexican, Puerto
Rican, South or Central American, or other Spanish culture or
origin regardless of race.
White (Not Hispanic or Latino) - A person having origins in
any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African American (Not Hispanic or Latino) - A
person having origins in any of the black racial groups of Africa.
Native Hawaiian or Other Pacific Islander (Not Hispanic or
Latino) - A person having origins in any of the peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
Asian (Not Hispanic or Latino) - A person having origins in
any of the original peoples of the Far East, Southeast Asia, or the
Indian Subcontinent, including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,
Thailand, and Vietnam.
American Indian or Alaska Native (Not Hispanic or Latino) A person having origins in any of the original peoples of North
and South America (including Central America), and who
maintain tribal affiliation or community attachment.

Two or More Races (Not Hispanic or Latino) - All persons who
identify with more than one of the above five races.
Instructions for assigning employees into the race/ethnic
categories:
Hispanic or Latino - Include all employees who answer YES to
the question, “Are you Hispanic or Latino”. Report all Hispanic
males in Column A and Hispanic females in Column B.
White (Not Hispanic or Latino) - Include all employees who
identify as White males in Column C and as White females in
Column I.
Black or African American (Not Hispanic or Latino)- Include
all employees who identify as Black males in Column D and as
Black females in Column J.
Native Hawaiian or Other Pacific Islander (Not Hispanic or
Latino) - Include all employees who identify as Native Hawaiian
or Other Pacific Islander males in Column E and as Native
Hawaiian or Other Pacific Islander females in Column K.
Asian (Not Hispanic or Latino) - Include all employees who
identify as Asian males in Column F and as Asian females in
Column L.
American Indian or Alaska Native (Not Hispanic or Latino) Include all employees who identify as American Indian or Alaska
Native males in Column G and as American Indian or Alaska
Native females in Column M.
Two or More Races (Not Hispanic or Latino) - Report all male
employees who identify with more than one of the above five races
in Column H and all female employees who identify with more
than one of the above five races in Column N.
As to the method of collecting data, the basic principles for ethnic
and racial self-identification for purposes of the EEO-1 report are:
(1)
Offer employees the opportunity to self-identify
(2)

Provide a statement about the voluntary nature of this
inquiry for employees. For example, language such as the
following may be used (employers may adapt this
language):
“The employer is subject to certain governmental
recordkeeping and reporting requirements for the
administration of civil rights laws and regulations. In
order to comply with these laws, the employer invites
employees to voluntarily self-identify their race or
ethnicity. Submission of this information is voluntary
and refusal to provide it will not subject you to any
adverse treatment. The information obtained will be kept
confidential and may only be used in accordance with the
provisions of applicable laws, executive orders, and
regulations, including those that require the information
to be summarized and reported to the federal government
for civil rights enforcement. When reported, data will not
identify any specific individual.”

5.

DESCRIPTION OF JOB CATEGORIES

The major job categories are listed below, including a brief
description of the skills and training required for occupations in
that category and examples of the job titles that fit each category.
The examples shown below are illustrative and not intended to be
exhaustive of all job titles in a job category. These job categories
are primarily based on the average skill level, knowledge, and
responsibility involved in each occupation within the job category.

The Officials and Managers category as a whole is to be divided
into the following two subcategories: Executive/Senior Level
Officials and Managers and First/Mid Level Officials and
Managers. These subcategories are intended to mirror the
employer’s own well established hierarchy of management
positions. Small employers who may not have two well-defined
hierarchical steps of management should report their management
employees in the appropriate categories.
Executive/Senior Level Officials and Managers. Individuals
who plan, direct and formulate policies, set strategy and provide
the overall direction of enterprises/organizations for the
development and delivery of products or services, within the
parameters approved by boards of directors or other governing
bodies. Residing in the highest levels of organizations, these
executives plan, direct or coordinate activities with the support of
subordinate executives and staff managers. They include, in larger
organizations, those individuals within two reporting levels of the
CEO, whose responsibilities require frequent interaction with the
CEO. Examples of these kinds of managers are: chief executive
officers, chief operating officers, chief financial officers, line of
business heads, presidents or executive vice presidents of
functional areas or operating groups, chief information officers,
chief human resources officers, chief marketing officers, chief
legal officers, management directors and managing partners.
First/Mid Level Officials and Managers. Individuals who serve
as managers, other than those who serve as Executive/Senior
Level Officials and Managers, including those who oversee and
direct the delivery of products, services or functions at group,
regional or divisional levels of organizations. These managers
receive directions from the Executive/Senior Level management
and typically lead major business units. They implement policies,
programs and directives of executive/senior management through
subordinate managers and within the parameters set by
Executive/Senior Level management. Examples of these kinds of
managers are: vice presidents and directors, group, regional or
divisional controllers; treasurers; human resources, information
systems, marketing, and operations managers. The First/Mid
Level Officials and Managers subcategory also includes those
who report directly to middle managers. These individuals serve
at functional, line of business segment or branch levels and are
responsible for directing and executing the day-to-day operational
objectives of enterprises/organizations, conveying the directions
of higher level officials and managers to subordinate personnel
and, in some instances, directly supervising the activities of
exempt and non-exempt personnel. Examples of these kinds of
managers are: first-line managers; team managers; unit managers;
operations and production mangers; branch managers;
administrative services managers; purchasing and transportation
managers; storage and distribution managers; call center or
customer service managers; technical support managers; and
brand or product mangers.
Professionals. Most jobs in this category require bachelor and
graduate degrees, and/or professional certification. In some
instances, comparable experience may establish a person’s
qualifications. Examples of these kinds of positions include:
accountants and auditors; airplane pilots and flight engineers;
architects; artists; chemists; computer programmers; designers;
dieticians; editors; engineers; lawyers; librarians; mathematical
scientists; natural scientists; registered nurses; physical scientists;
physicians and surgeons; social scientists; teachers; and
surveyors.
Technicians. Jobs in this category include activities that require
applied scientific skills, usually obtained by post secondary
education of varying lengths, depending on the particular
occupation, recognizing that in some instances additional training,

certification, or comparable experience is required. Examples of
these types of positions include: drafters; emergency medical
technicians; chemical technicians; and broadcast and sound
engineering technicians.
Sales Workers. These jobs include non-managerial activities that
wholly and primarily involve direct sales. Examples of these types
of positions include: advertising sales agents; insurance sales
agents; real estate brokers and sales agents; wholesale sales
representatives; securities, commodities, and financial services
sales agents; telemarketers; demonstrators; retail salespersons;
counter and rental clerks; and cashiers.
Administrative Support Workers. These jobs involve nonmanagerial tasks providing administrative and support assistance,
primarily in office settings. Examples of these types of positions
include: office and administrative support workers; bookkeeping;
accounting and auditing clerks; cargo and freight agents;
dispatchers; couriers; data entry keyers; computer operators;
shipping, receiving and traffic clerks; word processors and typists;
proofreaders; desktop publishers; and general office clerks.
Craft Workers (formerly Craft Workers (Skilled)). Most jobs in
this category includes higher skilled occupations in construction
(building trades craft workers and their formal apprentices) and
natural resource extraction workers. Examples of these types of
positions include: boilermakers; brick and stone masons;
carpenters; electricians; painters (both construction and
maintenance); glaziers; pipelayers, plumbers, pipefitters and
steamfitters; plasterers; roofers; elevator installers; earth drillers;
derrick operators; oil and gas rotary drill operators; and blasters
and explosive workers. This category also includes occupations
related to the installation, maintenance and part replacement of
equipment, machines and tools, such as: automotive mechanics;
aircraft mechanics; and electric and electronic equipment repairers.
This category also includes some production occupations that are
distinguished by the high degree of skill and precision required to
perform them, based on clearly defined task specifications, such
as: millwrights; etchers and engravers; tool and die makers; and
pattern makers.
Operatives (formerly Operatives (Semi-skilled)). Most jobs in
this category include intermediate skilled occupations and include
workers who operate machines or factory-related processing
equipment. Most of these occupations do not usually require more
than several months of training. Examples include: textile machine
workers; laundry and dry cleaning workers; photographic process
workers; weaving machine operators; electrical and electronic
equipment assemblers; semiconductor processors; testers, graders
and sorters; bakers; and butchers and other meat, poultry and fish
processing workers. This category also includes occupations of
generally intermediate skill levels that are concerned with
operating and controlling equipment to facilitate the movement of
people or materials, such as: bridge and lock tenders; truck, bus or
taxi drivers; industrial truck and tractor (forklift) operators; parking
lot attendants; sailors; conveyor operators; and hand packers and
packagers.
Laborers and Helpers (formerly Laborers (Unskilled)). Jobs in
this category include workers with more limited skills who require
only brief training to perform tasks that require little or no
independent judgment.
Examples include: production and
construction worker helpers; vehicle and equipment cleaners;
laborers; freight, stock and material movers; service station
attendants; construction laborers; refuse and recyclable materials
collectors; septic tank servicers; and sewer pipe cleaners.
Service Workers. Jobs in this category include food service,
cleaning service, personal service, and protective service activities.
Skill may be acquired through formal training, job-related training
or direct experience. Examples of food service positions include:

cooks; bartenders; and other food service workers. Examples of
personal service positions include: medical assistants and other
healthcare support positions; hairdressers; ushers; and
transportation attendants. Examples of cleaning service positions
include: cleaners; janitors; and porters. Examples of protective
service positions include: transit and railroad police and fire
fighters; guards; private detectives and investigators.

6. LEGAL BASIS FOR REQUIREMENTS
SECTION 709(c), TITLE VII, CIVIL RIGHTS
ACT OF 1964, AS AMENDED
Recordkeeping; reports
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 therefrom 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 thereunder.
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 apprenticeship 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 subsection fails or
refuses to do so, the United States District Court for the district in
which such person is found, resides, or transacts 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
NOTE: A few aspects of the following regulations will need to be
revised to conform with the EEO-1 Report to be used beginning
with the 2007 reporting period.
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 available if requested by an officer, agent, or employee of the
Commission under the authority of section 710 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
report.

on

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 the Commission.
§ 1602.10
requirements.

Employer’s exemption from reporting

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 purposes of Title VII or the
Americans with Disabilities Act (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 prescribed by law.
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 recordkeeping 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 by
law.
§ 1602.13
employees.

Records as to racial or ethnic identity of

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 postemployment 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 department.
§ 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 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 person 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.