Pursuant to Section 230.121 in Title 23 of the Code of Federal Regulations and federal-aid contract requirements, contractors are required to report annually on the composition of their workforce by race, gender, and job category. Using the Federal-Aid Highway Construction Contractors Annual Equal Employment Opportunity (EEO) Report form (FHWA-1391), prime contractors and any lower-tier subcontractors with subcontracts in excess of $10,000 must complete the report for work performed during the last full work week of July.
WHO IS REQUIRED TO REPORT:
• All prime contractors on Federal Highway Administration (FHWA) assisted construction contracts, and all related subcontractors with subcontracts of $10,000 or more.
• A separate FHWA-1391 form must be completed by each prime contractor and each related subcontractor that meets the reporting threshold.
REPORTING PERIOD:
• Contractors must identify all employees who perform work during all or any part of the last payroll period of July 2025. Note: If no work was performed, contractors must complete an FHWA-1391 form with “No Work Performed” written.
• Capture data for employees who worked during the last payroll period in July (Sunday, July 20, 2025, through Saturday, July 26, 2025).
REPORTING PROCEDURE (INCLUDING DUE DATES)
1. Local agencies must immediately notify their prime contractors of this reporting requirement.
2. By August 1, 2025, prime contractors as well as each subcontractor must report this information to their respective local agency Resident Engineer, who certifies the information is correct and complete.
3. By August 8, 2025, local agency Resident Engineers must sign, date, and send the reports to their respective Caltrans Division of Local Assistance Engineer (DLAE), who verifies the information is complete.
Please complete the FHWA-1391 in its entirety. You are encouraged to reference the instructions below.
Note: Fields 1-9 are required to be completed by contractors. Fields 10 and 11 are required to be completed by local public agency staff.
For questions regarding the FHWA-1391 reporting requirements, please contact Loi Tran.