Monthly Compliance Calendar Alert – Keep Your Company Compliant in March: EEO-1 Reporting, CA Pay Data Reporting and Harassment Training

• _{Not applicable to HUB100 or GHR Hotline Clients}

Holidays

• National Employee Appreciation Day – March 1

Important Dates and Deadlines for this Month

March 2

• OSHA 300 Forms Reporting due – Certain establishments must submit to OSHA detailed information about each recordable injury and illness entered on their previous calendar year’s OSHA 300 Log and 301 Incident Report forms (29 CFR 1904.41). This includes the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred.
  • Only establishments with 100 or more employees in designated industries are required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report. Establishments that had a peak employment of 100 or more employees during the previous calendar year meet this size criteria. The designated industries are listed in Appendix B to Subpart E of 29 C.F.R. Part 1904.
  • One way to determine if your establishment(s) is required to report these data is by using OSHA’s ITA Coverage Application.
  • The requirements apply to establishments covered by Federal OSHA, as well as establishments covered by states with their own occupational safety and health programs (i.e., State Plans).
  • The data must be electronically submitted through OSHA’s Injury Tracking Application (ITA). There are 3 ways to submit the data: (1) webform on the ITA, (2) submission of a csv file to the ITA, or (3) use of an application programming interface (API) feed. The ITA will begin accepting 2023 injury and illness data on January 2, 2024. The due date to complete this submission is March 2, 2024. The submission requirement is annual, and the deadline for timely submission of the previous year’s injury and illness data will be on March 2 of each year.

March 10

• Daylight Savings Time Begins

March 31

• End of Q1, calendar year. *

Topics to Discuss and/or Review

1. Focus on Equal Employment Opportunity and Affirmative Action. For clients with access to the Forms Library, references to this section can be found in the folder “EEOC & Affirmative Action.”

• • Check EEO Protected Classes by State and Municipality. For clients with access to the Forms Library, see the chart, “EEO Protected Classes by State and Municipality “which can be found in the folder “EEOC & Affirmative Action.”
  • Check Company Equal Opportunity or Affirmative Action policies to ensure compliance with Federal, State and local laws.

2.  Prepare EEO-1 Component 1 Survey ( For employers with 100+ employees (lower thresholds apply to federal contractors). For clients with access to the Forms Library, references to this section can be found in the folder “EEOC & Affirmative Action.”

• Remember, not all establishments need to submit their EEO-1 reports. To review which establishments need to provide their data, click here.
• The 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024. 
• The EEO-1 Component 1 online Filer Support Message Center(i.e., filer help desk) will also be available on Tuesday, April 30, 2024, to assist filers with any questions they may have regarding the 2023 collection.
• All updates about the 2023 EEO-1 Component 1 data collection, including the 2023 EEO-1 Component 1 Instruction Booklet and the 2023 EEO-1 Component 1 Data File Upload Specifications, will be posted to eeocdata.org/eeo1 as they become available. The EEOC anticipates posting the 2023 EEO-1 Component 1 Instruction Booklet and the 2023 Data File Upload Specifications by Tuesday, March 19, 2024.
• The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data, including data by job category and sex and race or ethnicity, to the EEOC. The authorities under which EEO-1 Component 1 data are collected include: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., and Sections 1602.7-1602.14, Chapter XIV, Title 29 of the Code of Federal Regulations (CFR); Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965) and 40 CFR 60-1.7(a). 

3. California employers of 100 or more employees and/or 100 or more workers hired through labor contractors must report pay and hours-worked data by establishment, job category, sex, race, and ethnicity to the Civil Rights Department (CRD) annually. 2023 Pay Data Reports are due Wednesday, May 8, 2024. For clients with access to the Forms Library, see the folder “Pay Data Reporting – SB 973” located in the “California” folder.

4. Set reminders for upcoming EEO-3, EEO-4, & EEO-5 Data Collection

• The precise opening date of the collections, as well as the new submission deadline date, will be announced by posting a notice on the EEOC’s home page at eeoc.gov as well as on the new dedicated website for the EEOC’s data collections at https://EEOCdata.org.  As in previous years, a notification letter will also be sent to eligible filers. Please visit https://EEOCdata.org for more information regarding updates on the data collection. 
• When the collection opens, resources to assist filers with their submissions will be available online at https://EEOCdata.org. The EEOC Filer Support Team will also be available to respond to filer inquiries and to provide additional filling assistance.
• EEO-3 –
  • The EEO-3 Report, formally known as the Local Union Report, is a biennial data collection conducted every other year in the even calendar years that requires local unions, specifically local referral unions with 100 or more members, to submit demographic workforce data including membership, applicant, and referral information by race/ethnicity and sex.
  • Updates regarding the 2024 EEO-3 data collection, including the opening date, will be posted to https://www.eeocdata.org/eeo3 as they become available.
• EEO-4-
  • The EEO-4 Report, formally known as the State and Local Government Report, is collected in odd-numbered years from State and Local governments that requires all State and local governments with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, job category, and salary band.
  • Updates regarding the 2025 EEO-4 data collection will be posted at https://eeocdata.org/eeo4 as they become available. 
• EEO-5-
  • The EEO-5 Report, formally known as the Elementary-Secondary Staff Information Report, is a joint requirement of the EEOC and the Office for Civil Rights (OCR) of the U.S. Department of Education. It is conducted biennially, in  even numbered years, and requires all public elementary and secondary school systems and districts with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and activity assignment classification.
  • Updates regarding the 2024 EEO-5 data collection, including the opening date, will be posted to https://www.eeocdata.org/eeo5 as they become available.

5. Conduct Sexual Harassment Training for all employees (Certain States have their own requirements please check). For clients with access to the Forms Library, see the chart, “Sexual Harassment Training by State“ which can be found in the folder “Harassment.”

• We offer this training both live and online. It is included in our training library at www.guardian-hr.com. Please feel free to contact us to schedule a live training.

6. Develop a Diversity and Inclusion Initiative. For clients with access to the Forms Library, references to this section can be found in the folder “Diversity”.

• Conduct a diversity and inclusion cultural assessments as a diagnostic tool to identify any barriers to workplace exclusion. An effective cultural assessment should solicit detailed information concerning employee perceptions regarding:
  • Differences in promotion and advancement
  • Differences in compensation
  • Differences in access to opportunities (e.g., for training and development)
  • Sexual harassment or other unlawful discrimination
  • Management’s commitment to diversity and inclusion
• Create a Diversity and Inclusion Mission Statement to explain why the employer is taking certain actions, such as:
  • Creating affinity groups
  • Developing mentoring programs
  • Providing diversity and inclusion training
  • Recruiting at different colleges and universities
• Steps to Increase and Manage Workplace Diversity
  • Hire a Diverse Workforce
  • Carefully Onboard and Manage Employees
  • Avoid Stereotypes
  • Implement Policies Fairly and Consistently
  • Respond to Complaints
  • Lead by Example
  • Increase Sensitivity
  • Eliminate Miscommunication
  • Build Relationships
  • Handle Conflicts Effectively

7. Discuss and develop strategies to provide inclusivity for individuals that are Gender Transitioning. For clients with access to the Forms Library, references to this section can be found in the folder “Diversity” and click the subfolder, “Gender Transitioning.”

• Check State law for EEO protections for transgender employees. For clients with access to the Forms Library, see the chart, “EEO Protected Classes by State and Municipality “ which can be found in the folder “EEOC & Affirmative Action.”
• For clients with access to the Forms Library, see the documents, “Transgender Employees and Applicants in the Workplace”, “Managing Gender Transition in the Workplace”, and “Gender Transition Plan Draft” and many more found in the “Diversity” and the subfolder, “Gender Transitioning
• California employers must post the “Transgender Rights in the Workplace” Poster.

8. Evaluate the types of complaints received in the previous year to see which areas need more guidance, training, etc. For clients with access to the Forms Library, references to this section can be found in the folder “Complaints” and the folder, “Harassment.”

9. Train supervisors and managers on the Company’s complaint procedure and bring up points of concern based on the previous year’s complaint evaluation. For clients with access to the Forms Library, references to this section can be found in the folder “Complaints.”

• How do employees communicate work-related problems or file complaints? (Open-Door Policy, Complaint Resolution policy, Investigation Procedure, Discrimination, Harassment, and Retaliation Reporting, Whistleblower policy, reporting to the EEOC or State Reporting Procedures).
• What is the process supervisor and manager must do when receiving a complaint? (i.e. Who do they report it to? Is there anything they need to document/file?).
• How does the Company follow-through with complaints?

10. Conduct a meeting or an open discussion with employees to instruct them on any employee dating or non-fraternization policies, their reporting options, the Company’s role in investigations of received complaints, the Company’s prohibition of retaliation, and to encourage employees to report any violation of Company Policies including Harassment, Discrimination, Retaliation, Conflict of Interest, etc. to any individual of management they feel comfortable). For clients with access to the Forms Library, references to this section can be found in the folders “Complaints” “Conduct” and “Harassment.”

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7. 

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators, and/or your ERISA and tax advisors for further guidance.