Equal Employment Opportunity

FHWA 1391 -​​ 2023 CONTRACTOR’S ANNUAL EEO REPORT

The FHWA-1391 is an annual workforce report required by the Federal Highway Administration (FHWA) for all prime contractors and subcontractors working on WisDOT Federal-Aid highway projects with a current prime contract or subcontract of $10,000 or more.

  1. Is your company currently working on a WisDOT highway project either as the prime or subcontractor?
    • No – You do not need to submit an FHWA-1391.
    • Yes - Go to next question.
  2. Does the WisDOT project your company is working on have federal funding? See FAQ #2 for how to determine this.
    • No - You do not need to submit an FHWA-1391
    • Yes - Go to next question.
  3. Is the amount of your company’s contract (work) equal to or exceeds $10,000?
    • No - You do not need to submit an FHWA-1391
    • Yes – FHWA-1391 is required. Complete the form and submit.

Please see the frequently asked questions if you have further questions.

If you are required to submit an FHWA-1391:

You must use the FHWA-1391 Excel form. If you are unable to use Excel please contact DOTLaborComplianceManagementSystem@dot.wi.gov for an alternative submittal method.

FHWA-1391 forms are due by August 18, 2023.

Completed reports or questions should be sent by email to DOTLaborComplianceManagementSystem@dot.wi.gov; with Company Name 1391 in the subject line.

Other EEO Information:

WisDOT EEO Technical Assistance Guide

EEO Federa​l Regulations and Links

“Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.” (FHWA 1273, Section 2.1)

28 CFR 35
Nondiscrimination on the Basis of Disability in State & Local Government Services

29 CFR 1630
Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act

29 CFR 1625
Age Discrimination in Employment Act

29 CFR 1626
Procedures—Age Discrimination in Employment Act

29 CFR 1627
Records to be made or kept relating to age: Notices to be posted: administrative exemptions

41 CFR 60
Obligations of Contractors & Subcontractors

49 CFR 27
Transportation: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance