41 C.F.R. § 60-1.7

Reports and other required information

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(a) Requirements for prime contractors and subcontractors. (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter be promulgated in its place if such prime contractor or subcontractor (i) is not exempt from the provisions of these regulations in accordance with § 60-1.5; (ii) has 50 or more employees; (iii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of paragraphs (a)(1) (i), (ii), and (iv) of this section.

(2) Each person required by § 60-1.7(a)(1) to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with § 60-1.7(a)(1), or at such other intervals as the Director may require. The Director may extend the time for filing any report.

(3) The Director or the applicant, on their own motions, may require a contractor to keep employment or other records and to furnish, in the form requested, within reasonable limits, such information as the Director or the applicant deems necessary for the administration of the order.

(4) Failure to file timely, complete and accurate reports as required constitutes noncompliance with the prime contractor's or subcontractor's obligations under the equal opportunity clause and is ground for the imposition by the Director, an applicant, prime contractor or subcontractor, of any sanctions as authorized by the order and the regulations in this part.

(b) Requirements for bidders or prospective contractors—(1) Certification of compliance with part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to part 60-2 of this chapter; (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (iii) whether it has filed with the Joint Reporting Committee, the Director or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements.

(2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the applicant or the Director requests.

(c) Use of reports. Reports filed pursuant to this section shall be used only in connection with the administration of the order, the Civil Rights Act of 1964, or in furtherance of the purposes of the order and said Act.

[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]

Notes of Decisions

Cited in 28 cases (1 in the last 5 years), 1969–2022 · leading case: Cna Fin. Corp. v. Raymond J. Donovan, Sec'y of Labor, 830 F.2d 1132 (D.C. Cir. 1987).

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Cna Fin. Corp. v. Raymond J. Donovan, Sec'y of Labor, 830 F.2d 1132 (D.C. Cir. 1987). · cites it 2× “See generally 41 C.F.R. § 60-1.7 & pt. 60-2 (1986). "Employers’ EEO-1 Reports set forth the number of persons employed in nine broad occupational categories such as 'Officials and Managers,’ 'Operatives,’ and ‘Laborers.”

Chrysler Corp. v. Schlesinger, 412 F. Supp. 171 (D. Del. 1976). · cites it 2× “41 C.F.R. § 60-1.7 ; Stip. par. 3. The EEO-l’s prepared and filed by Plaintiff contain statistical information with respect to the total number of persons employed, and the number of minority and female persons employed, by Plaintiff in nine general job categories.”

Dukes v. Wal-Mart, Inc., 222 F.R.D. 189 (N.D. Cal. 2004). “7 ; 41 C.F.R. § 60-1.7 . The EEOC assembles this wealth of data and generally aggregates it into groupings of at least three responding entities per data set, without revealing the identities of the entities in order to preserve a level of confidentiality for the reporting…”

Nat'l Women's Law Ctr. v. Off. of Mgmt. & Budget, 358 F. Supp. 3d 66 (D.C. Cir. 2019). · cites it 2× “7 ; 41 C.F.R. § 60-1.7 (a)(1), and false reporting subjected them to fines or imprisonment, 29 C.”

Gulf Oil Corp. v. William Brock, United States Sec'y of Labor, 778 F.2d 834 (D.C. Cir. 1985). “41 C.F.R. § 60-1.7 (1985). 4 . Id. § 60-1.”

Reynolds Metals Co. v. Rumsfeld, 564 F.2d 663 (4th Cir. 1977). · cites it 3× “The pertinent regulations are 41 C.F.R. §§ 60-1.7 (c) and 60-1.43. See n.”

Synopsys, Inc. v. Usdol, 34 F.4th 762 (9th Cir. 2022). “See 41 C.F.R. § 60-1.7 (a). DOL uses EEO-1 reports to monitor compliance with an executive order prohibiting employment discrimination by federal contractors.”

['associated Builders & Contractors, Inc. v. Shiu'], 30 F. Supp. 3d 25 (D.D.C. 2014). “See 41 C.F.R. §§ 60-1.7 (a), 1.12. OFCCP explained that extending similar requirements for individuals with disabilities was necessary because the lack of data “makes it nearly impossible for the contractor and OFCCP to perform even rudimentary evaluations of the availability of…”

Nat'l Org. for Women v. Soc. Sec. Admin. of the Dep't of Health & Human Servs., 736 F.2d 727 (D.C. Cir. 1984). “41 C.F.R. § 60-1.7 (1983). Certain contractors, primarily those with small workforces or low dollar-value government contracts, are exempt from this requirement.”

UPMC Braddock v. Harris, 934 F. Supp. 2d 238 (D.D.C. 2013). “See 41 C.F.R. §§ 60-1.7 , 60-1.20, 60-250.60(a)(l), 60-250.”

United Tech. Corp. v. Marshall, 464 F. Supp. 845 (D. Conn. 1979). “41 C.F.R. § 60-1.7 (a). This EEO-1 report contains statistics, on the numbers of women and minorities employed by the government contractor, broken down by job categories.”

Chamber of Com. of the United States v. Legal Aid Soc'y of Alameda Cnty. Et Al., 423 U.S. 1309 (1975). “But the information in the EEO-l’s was obtained, in part, on behalf of the EEOC, see 41 CFR § 60-1.7 (a) (1), and much of the information contained in the AAP’s is essentially in the nature of that protected by § 709.”

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— 41 C.F.R. § 60-1.7(c) — 1 case

McDonnell Douglas Corp. v. Marshall, 465 F. Supp. 22 (E.D. Mo. 1978).

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