EEO-1 and Vets 100/100a: Q & A
- My company has multiple locations. When I filed the EEO-1 report, a consolidated report was created when I filed for each location. Is there a consolidated company report for the Vets 100A as well?
- Answer: There isn’t a consolidated report (for the entire company) for Vets 100a filing. The EEO-1 filing is slightly different from Vets.
- Should US expats working abroad or foreign hires working in the US on a temporary basis be counted on either the Vets 100A or EEO-1 reports?
- Answer: US expats should not be reported since they work physically outside of the US. Temp employees should be excluded as well.
- If a recently separated vet is hired, when 36 months from the date of discharge pass, do you still count them as a recently separated vet or do you change their veteran status?
- In November 2013 we hired a veteran who was then deployed the following January. During his leave of absence, should we count him as an employee/veteran on the EEO-1 and/or Vets 100A reports? He wasn’t paid in the payroll period I’m using or the ending period of the reports.
- Answer: If he was not on your payroll during the time frame that was selected, then he does not have to be counted. However, since he was hired within the 12 months period, he will be counted as a new hire.
- A new employee checks the box that says, “I am a protected veteran, but I choose not to self-identify the classifications to which I belong.” For Affirmative Action planning purposes, I know I will still count this new hire as a veteran. However, for the Vets 100A Report, how would I count this new hire’s veteran status if he/she chooses to check that box? What do you recommend we do?
- Answer: For this year, they will be included in the “Other protected Veteran” category. It is unclear where they will be counted once the VETS department updates the classifications and removes the “Other protected Veteran” category. We are waiting for updated FAQs to clarify this prior to the 2015 filings.
EEO-1 and Vets 100/100A - the Basics Part I
In Part I of the two-parts on this page, Heather Sakamoto goes over the who, what, and how of filing the EEO-1 and Vets 100/100A forms. Afterwards, make sure to watch Part II where we walk you through sample forms and give you the tools and information you need to manage your data.
What are the EEO-1 and Vets 100/100A reports?
The EEO-1 report is a survey mandated by the federal government that requires both private employers and federal contractors to report their employment data for each location or establishment. The employment data shall be broken down by gender within race for each EEO Category.
The Vets 100 and 100a reports are required under the Vietnam Era Veterans Readjustment Assistance Act or VEVRAA. Under VEVRAA, Federal Contractors are required to report employment and hires data for each hiring location. The data shall be broken down by protected veterans within each EEO Category.
Two separate agencies oversee the EEO-1 and Vets filings. The Equal Employment Opportunity Commission, or EEOC, is in charge of EEO-1 filings and the Veterans Employment and Training Service, or VETS, is in charge of all Vets100 or 100A filings.
A common question among our federal contractors is, “How does the OFCCP select company establishments for compliance evaluations, or audits?” The answer isn’t that simple, but what we do know is that they use the contractor’s EEO-1 data as part of the selection process. During an audit, you are required to furnish proof of EEO-1 filing.
For the Vets100 and 100A, it is not required to initially it include in your submittal for an audit. Nor is it used in the selection process for compliance evaluations; however, it is commonplace for an auditor to request the reports during their first round of additional requests during an audit.
Who is required to file the EEO-1 and Vets 100/100A reports?
For EEO-1 filings, 1) if you are a private employer, and 2) you are subject to Title VII of the CRA (Civil Rights Act), and 3) you have 100 or more employees, you must file. If you have less than 100 employees, but your company is owned or affiliated with another company, or there is centralized ownership, so that the group legally constitutes a single enterprise, and that single enterprise collectively employees 100 or more employees, then you must file.
For Federal Contractors, the rule is 50/50. This means you employ 50 or more employees and hold federal contracts collectively amounting to $50,000 or more.
Currently, the Vets department has two types of reports. Which report you file is dependent on the award date of the federal contract.
Under 60-250 of the Code of Federal Regulations (CFR), you are required to file a Vets-100 report if you have a contract awarded on or before December 1, 2003 that has not been modified since, and is in the amount of $25,000 or more.
Under 60-300 of the CFR, you are required to file a Vets-100A report if you have a federal contract for $100,000 or more that was awarded or modified after December 1, 2003. So this means, if you had a contract that was originally entered into prior to December 1, 2003 but was modified later, you would only have to file 100A.
If you have contracts that were awarded both pre- and post- December 1, 2003, then you will be required to file BOTH the 100 and 100A.
As you may know, a Final Rule was published on September 24, 2013 making changes to Vietnam Era Veterans Readjustment Assistance Act (VEVRAA). The final rule became effective on March 24 of this year. One of the pieces impacted was the Vets reporting requirements under 60-250 of the CFR. After this year, all applicable contractors will be required to file only a Vets-100A report. The Vets 100 report will no longer be available.
Now that you understand the requirements that dictate which Vets report you must file, I’d like to share with you the main difference between the two actual reports – that is the protected veterans classifications.
For the Vets-100 you have the:
- Special Disabled Veterans,
- Vietnam Era Veterans,
- Other Protected Veterans, and
- Recently Separated Veterans. (“Recently Separated” means within 12 months from discharge.)
The Vets-100A categories are:
- Armed Forces Service Medal,
- Other Protected Veterans, and
- Recently Separated. (“Recently” means within 3 years.)
As mentioned before, a Final Rule was published amending VEVRAA. Part of the final ruling was the re-classification of the protected veterans categories. The new categories will be in-line with the Veterans Post-offer solicitation form included in the final ruling and will be implemented during the 2015 Vets filing cycle.
When do you file the EEO-1 and Vets 100/100A reports?
Every year you are required to file your EEO-1 and Vets reports no later than September 30. The EEO-1 survey opens July 1 and the Vets reporting application opens August 1.
What information is needed for filing the EEO-1 and Vets 100/100A reports?
For your EEO-1 filings, you must select a payroll period ending in July through September. The last day of that payroll period will become your snapshot date or the date you pull your employee data, as of. You will include all permanent full time (FT) and part time (PT) employees as of the snapshot date. Do not include seasonal or temporary employees. There should be no duplicates as each employee shall be reported only once.
For the Vets Reports, you can use the same employee file used for the EEO-1 reports as long as you picked a payroll ending date in July or August, rather than September. Within this file, you must identify which of those employees are protected veterans. You are also required to report all new hires, FT and PT, and both Veteran and non-Veteran employees.
Unlike the EEO-1 reports where you cannot count an employee twice, you MUST count each employee based on their veteran status. So, if a particular person marks that they are disabled and a recently separated veteran, they would appear twice in the Vets report. – once as a disabled vet and once as a recently separated vet.
When pulling your data for the EEO-1 reports, listed below are the fields of information you must have within your employee file:
- list of employees,
- EEO Categories for each employee,
- race and gender information,
- complete work location address,
- Duns and Bradstreet Number,
- FEIN, and
- your EEO Unit Number.
The EEO unit number is specific to each location. If you are a first time filer, the Unit number will be automatically generated when you create an account. If you are a returning filer, you should already have a list of EEO Unit numbers associated with each location as they were used in the previous filing cycles. For the work location address, you will need to provide the county in which the address is located. The EEOC has released a look up file.
For the data for the Vets-100 reports, as mentioned before, you can use the same employee file used for the EEO-1 reports with an additional column for veteran status, and instead of EEO Unit Number you will use VETS number. The VETS number that is assigned is specific to your organization and is used for all locations. The Hires data will be pulled for the 12 month period preceding the snapshot date or payroll ending date. The hires file will contain all of the same fields of information as the employees file.
Prior to filing you will need to make sure you have your login and password information for both the EEO-1 and Vets websites. For the EEO-1 site, the EEOC sent out hard copy letters to each organization with their new login and password information since they reset everyone’s login credentials. You should have received this letter already; if you haven’t, you will need to contact the EEOC. If you are a first time filer, you will be able to set-up login credentials when you register for the first time. For the Vets website, you will be required to reset your password for security purposes. If you are a first time filer, you will need to request access for a new company, and at that time, you will be able to set-up your login credentials.
Once you have pulled your data, reconciled the information ensuring it is complete and accurate, and you have your login information for both sites, you will have to decide how you want to file. For both the EEO-1 and Vets reports, you can choose to file manually or through batch filing.
Manual filing is the preferred method for smaller organizations that only have a few locations. You can create pivot tables straight from your data files and manually enter in the counts into the form on the website. Batch filing is the preferred method for larger organizations where manual entry would be too cumbersome. It is extremely convenient, but requires some programming work to get the data into the correct format for upload. I have included (in the webinar slides) the links that help guide you through the formatting for the various files.
Once the batch files are set-up you are ready to submit. For EEO-1 reports, you will send the batch file data to the EEOC via email. The technician will upload your data, communicate any issues, and let you know when the files are ready to be certified. Prior to sending the data to the EEOC, they ask that you test your batch file first to address any issues ahead of time.
For Vets reports, you are responsible for uploading your batch file into the VETS website. Make sure the information in the VETS database is the exact same as what was used in the Vets reports.
A few key things to remember during this process…
For EEO-1 reports, you must file a report for every establishment accounting for all employees as of the chosen pay period. Also, all employees should be linked to an actual physical work location. Remote employees or virtual locations are no longer acceptable. It is easiest to link them to where their direct report is located.
For Vets-100 reports, you must file a report for each establishment with 50 or more employees. Establishments with less than 50 can be consolidated into a state report, but you must also provide a hiring location file. If you wish to file each location separately regardless of employee count, that is fine as well.
Also regarding counts, all employees and hires will be counted in the total columns regardless of veteran status, but only those who identified as protected veterans will be included in the report.
Alright, so now that you have all of the pertinent information regarding filing, in Part II Sa is going to walk you through the sample forms and provide you with the necessary information and tools to help you with your data.
EEO-1 and Vets 100/100A - the Basics Part II
In Part II, Sa Lam walks through EEO-1 and Vets 100 sample forms and provides you with the necessary information and tools to help you with your data.