EEO-1 Filing Multi-establishment Employers – Special Procedures

Multi-establishment employers who take advantage of the EEOC’s Special Procedures do so to better align their data with the realities of their organizational structure.   According to the FAQs and EEO-1 Instruction Booklet multi-establishment employers must follow special procedures when:

EEO-1 Frequently Asked Questions (FAQs)
If the establishments that are located at the same address AND have the same NAICS code and the same FEIN, the establishments MUST be combined into only one report. If your company is unable to combine these records due to corporate structure, please consult Item #5 “Requests for Information and Special Procedures” found in the EEO-1 Instruction Booklet.

EEO-1 Instruction Booklet
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, 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.

However, Biddle has received clarification from the EEO-1 Joint Reporting Committee indicating that contractors do not need to follow special reporting procedures when an address and NAICS are the same but the FEIN is different.

In summary:

  1. Establishments located at the same address, with the same NAICS and the same FEIN must file for Special Procedures to submit those establishments separately
  2. Establishments located at the same address, with the same NAICS and different FEINs are able to submit without seeking special procedural relief.
  3. Employers that have a combination of both must seek relief through Special Procedures.

If you have questions regarding EEO-1 submittal or need assistance, please feel free to contact Biddle Consulting Group’s EEO/AA Department.

President Obama Appoints First Asian American EEOC Chair

Jenny R. Yang

Jenny R. Yang

On Tuesday, September 2nd, 2014, the Equal Employment Opportunity Commission (EEOC) announced that President Obama named Jenny R. Yang the new chair of the EEOC. This occasion is yet another milestone for the EEOC, as Yang will be the first Asian American EEOC chair to serve on a permanent basis. Prior to Yang’s appointment, the only other Asian American born chairs were Paul Igasaki and Stuart Ishimaru, who served on an interim basis.

Previously, Yang served as the Vice Chair of the EEOC where she was tasked with reviewing the effectiveness of the EEOC and its efforts in minimizing all forms of employment discrimination throughout industry, profession, and geographic area. Now, as the chair, Yang will be responsible for advancing the outreach of the EEOC and the message of equality it carries.

Yang’s sentiment was wholeheartedly felt when she added, “Fifty years ago, this nation made a fundamental promise to its people to assure equality of opportunity at work. Congress created the EEOC to make good on this promise – to lead the nation in enforcing our anti-discrimination laws and to champion equal employment opportunity in workplaces across America. It is a tremendous privilege and responsibility to serve this remarkable agency in fulfilling this promise to our nation.”

Yang’s prior work experience includes, trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, and partner at Cohen Milstein Sellers & Toll PLLC.

To learn more Jenny R. Yang visit www.eeoc.gov/eeoc/yang.cfm.

EEOC and OFCCP Operations During Shutdown

OFCCP Operations

OFCCP staff goes from 726 to 0 during the shutdown. As long as it lasts, OFCCP will not be able to operate.

While OFCCP operations have ceased during the shutdown, contractors need to keep in mind that this is temporary. It is highly recommended that contractors under audit continue to prepare for any/all pending audit requests and get their houses in order. This shutdown provides some breathing room, but it does not make anything go away.

EEOC Operations

EEOC goes from 2164 to 107 during the shutdown. They will continue to function in a limited fashion, will accept new charges and federal sector appeals (although they will not investigate any charges during the shutdown), and will litigate lawsuits where continuances are not granted by the court.

Resources:

BCG Releases a Summary of the EEOC’s Recent Decison Regarding the Use of Criminal Background Checks

EEOC Guidance SummaryThe EEOC recently updated its policy regarding the use of criminal history information in the selection process. Employers must justify using arrest and conviction screens  (if they have disparate impact) based on a “business necessity” defense  that includes (at least) three components:

  • The nature and gravity of the offense or conduct;
  • The time that has passed since the offense or conduct and/or completion of the sentence; and
  • The nature of the job held or sought.

Jim Kuthy, Ph.D. and Heather Patchell, M.A., consultants with Biddle Consulting Group, have written a full summary of the EEOC’s decision. If you are an employer who utilizes criminal background checks in your employment selection process, you will find the summary very helpful.

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