As we shared previously, the portal is currently open for EEO-1 Reporting.   In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.

Employers with employees who “regularly report” to client sites must now report such employees on an appropriate EEO-1 report using the address of the client site – as opposed to reporting them using the employer’s address.  The employees would not be on the client’s EEO-1 reports or combined therewith, but rather made in connection with the employer’s own EEO-1 reporting.  The details are set forth on page 5 of the “How to File an EEO-1 Report” and page 132 of the “2017 EEO-1 User Guide.”   The guidance does not define or provide a benchmark as to what is considered “regularly” reporting.

The implications of this for OFCCP audits are unknown at this time, but conceivably, since OFCCP relies on EEO-1 reports as part of its audit selection process, if an employer files a Type 4 EEO-1 report reflecting 50 or more of its employees at the address of a client, the report may be a factor triggering an OFCCP compliance evaluation of that establishment.  It is too soon to know the full effect of this change, or the position OFCCP will take on it, but it is something to keep in mind.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.