Question: We had 100 employees for a portion of last year but for the rest of the year we had less than 100 employees. Are we required to file an EEO-1 report?

Answer: According to the regulations, the report must be based on an employer’s employee headcount (no applicants or nonemployees such as independent contractors) from one pay period in July, August, or September of the current survey year. So, if you take the first pay period in July and at that time your headcount was no longer at 100 employees, then you would not have to file this year. For consistency, we would recommend that you use the same pay period next year and begin collecting the data so that you can easily compile the report next year. Instructions for completing the survey can be found on the EEOC website at