DOL will coordinate VETS-4212 with new EEO-1 reporting requirements (as much as it can).

As we have reported previously, the EEO-1 filing process is changing. The EEO-1 reports that would have been required by September 30, 2017, now do not have to be filed until March 31, 2018. The “catch” is that the new EEO-1 reports will require compensation data from a workforce “snapshot” taken between October 1 and December 31, 2017.

(The compensation data reporting requirements apply to all employers with 100 or more employees, whether or not they are federal contractors.)

Meanwhile, employers with federal contracts worth more than $150,000 must file annual VETS-4212 reports. The VETS-4212 reports must be filed between August 1 and September 30 of each year. When the “old” EEO-1 reporting deadline was in effect, both reports could be filed at the same time, based on the same employee data.

(The VETS-4212 report shows the number of veterans hired or employed by the contractor for the relevant time period.)

The Institute for Workplace Equality, a non-profit employer group, asked Secretary of Labor Alexander Acosta whether the VETS-4212 deadlines could be changed to coincide with the new EEO-1 deadlines.

They got a “sorta” in response.

In a letter dated July 24 from J.S. Schellenberger, Deputy Assistant Secretary of Labor, the DOL said that contractors could use the same data collection period that applies to the new EEO-1 requirements. In other words, contractors can collect their VETS-4212 “snapshot” data during the October 1-December 31 period.

However, the VETS-4212 reporting period of August 1-September 30 will remain unchanged for the time being. As noted in Mr. Schellenberger’s letter, the reporting deadline is required by applicable regulations and cannot be changed without notice-and-comment rulemaking. According to the letter, that is a possibility: “Such a rulemaking could be considered in a future update to the Department’s Regulatory Agenda.” (Emphasis added.)

But in the meantime, contractors who are required to file both EEO-1 reports and VETS-4212 reports must abide by the following deadlines:

EEO-1 and VETS-4212: Data can be collected during “snapshot” period between October 1 and December 31, 2017, and during the same fourth quarter in subsequent years.

EEO-1: Report, showing data from new “snapshot” period in 2017, must be filed no later than March 31, 2018. (No EEO-1 Report need be filed in 2017.) Subsequent EEO-1 reporting deadlines will be March 31 of each year.

VETS-4212: Report must be filed between August 1 and September 30, 2018, and during the corresponding period each year thereafter. “Snapshot” period can be the same as the one used for the EEO-1 Reports (that is, October 1-December 31, 2017, for the 2018 Report).

It is still possible that the Trump EEOC will act before March 31, 2018, to modify or eliminate the requirement to report compensation data. We will keep you posted.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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