The Equal Employment Opportunity Commission (EEOC) has now updated its online EEO-1 filing guidance materials to make clear that employers still have the option of reporting employees who sit at client sites in either a report covering a company-controlled location (typically following the supervisory or human resources function chain), or a report covering the client address where the employees physically perform their work.
Some confusion as to how employers should report employees working at client sites for the FY 2017 EEO-1 filing period arose as the result of earlier guidance issued by the EEOC, which in turn was exacerbated by inaccurate reporting by some employer groups that such employees must be reported using corresponding client site addresses.
Seeking clarification, NT Lakis attorneys followed up with senior EEOC officials who confirmed with us that employers still have more than one option regarding the reporting of employees who sit at client sites. In further response, the agency has now updated its “EEO-1 Survey User’s Guide,” “EEO-1 How-To Guide,” and EEO-1 “Frequently Asked Questions” to include the following statement:
It has come to the EEOC’s attention that there may be some confusion as to how employers are to report employees working at client sites. Some employers have been reporting the address of client sites for employees, while other employers have instead been rolling those employees up to a non-client site employer address. Given this confusion, employers will not be considered “non-compliant” if they have chosen one approach over the other – either reporting by client site or by non-client site employer address. EEOC is considering how to address client site reporting.
Members of the Center for Workplace Compliance (CWC) can read more here.