Federal Government Shutdown

On February 1, 2019, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that the agency is giving employers two additional months to file their EEO-1 workforce data surveys, extending the deadline from March 31, 2019 to May 31, 2019. The extension comes as a result of the EEOC’s partial lapse in appropriations and closure during the recent shutdown of the federal government. According to the EEOC website, detailed instructions for submission of EEO-1 data will be forthcoming.

Each year, the EEOC requires private employers who are subject to Title VII with 100 or more employees[1] and federal contractors and subcontractors with 50 or more employees and at least $50,000 in contracts, to file an Employer Information Report, commonly known as an EEO-1. The EEO-1 is a compliance survey mandated by federal statute and regulations that requires employers to break down their workforces by race/ethnicity, gender and job title. The EEOC represents that it uses the data “to support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries or regions.” A sample copy of the EEO-1 survey and instruction booklet are available here.

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[1] Also subject to the EEO-1 requirements are employers who are subject to Title VII and have fewer than 100 employees, but 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.

The OSHA Law Update blog has an update on the government shutdown: “OSHA Shutdown – Government Shutdown Strips OSHA to a Skeleton Crew,” by Casey Cosentino and Eric Conn of Epstein Becker Green.

Following is an excerpt:

The federal government shut down all but essential operations on October 1, 2013, after Congress failed to reach an agreement on a budget or a continuing resolution for funding government operations. As a result, OSHA (like most federal agencies) has furloughed more than 90% of its personnel and suspended most of its operations.

Read the full post here.