Employers Should Take Note of Upcoming OFCCP and EEOC Deadlines

Employers should prepare for significant, upcoming deadlines established by the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC). The deadlines include: (1) use of a new invitation to self-identify disability by July 25, 2023; and (2) submission of Form EEO-1 by the anticipated fall deadline.

OFCCP Deadline

The OFCCP is the federal agency within the Department of Labor that monitors and enforces compliance with federal anti-discrimination law by federal contractors. For purposes of this requirement, a contractor is defined as a “prime contractor or subcontractor holding a contract in excess of $10,000.”

The OFCCP has revised the Voluntary Self-Identification of Disability Form for use by federal contractors. The model form is used to collect disability data for affirmative action and other compliance purposes. The revised form must be used by July 25, 2023.

Invitations to self-identify must be made to applicants twice, as follows:

• Pre-offer. When the applicant applies or is considered for employment. The invitation may be included with the application materials for a position provided it is separate from the application.
• Post-offer. After the offer of employment, but before the applicant begins their job duties.

Invitations to self-identify also must be made to employees. Specifically, the invitation must be extended to all employees during the first year the contractor becomes subject to this requirement, and at five-year intervals thereafter. At least once during the years between these invitations, the contractor must remind their employees that they may voluntarily update their disability status at any time. Contractors may not compel individuals to self-identify, and all self-identification information must be kept confidential.

Form EEO-1

The Form EEO-1 is a federally mandated report that collects demographic workforce data, including data by race/ethnicity, sex and job categories. Employers who are required to file EEO-1 reports include:

• Private-sector employers that are subject to Title VII of the Civil Rights Act of 1964 (Title VII) and have 100 or more employees;
• Employers subject to Title VII with fewer than 100 employees if the employer is affiliated with another company so as to be considered legally as a single enterprise employing a total of 100 or more employees; and
• Certain federal contractors employing 50 or more employees.

The 2022 EEO-1 data collection currently is scheduled to open in the fall of 2023. Updates regarding the 2022 EEO-1 data collection, including the opening date, will be posted to the EEOC website as they become available.

Dawn Weber, MEA’s Senior Payroll Consultant, recommends that those required to report on information like that above utilize the functionality within the HCMT platforms to record and track employee demographics. Many systems include push button reports for EEO-1 data or have the capability to build such a report. Additionally, voluntary self-identification language can be included in many applicant tracking and onboarding modules.

Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding these deadlines. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney is available for additional consultation.

If you are not an MEA Member, contact us today to schedule a consultation with a membership specialist, help us understand your needs, and learn how we can help.

*This Alert is provided for general informational purposes only and does not constitute legal advice.