FHWA 1391 - 2024 CONTRACTOR’S ANNUAL EEO REPORT
FHWA-1391 forms are due by August 16, 2024.
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 construction projects with a current prime contract or subcontract (work) of
$10,000 or more. Disregard this notice if your company only works on aeronautic (airport) projects.
- Is your company currently working on a WisDOT highway construction project either as the prime or subcontractor?
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No – You do not need to submit an FHWA-1391.
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Yes - Go to next question.
- Does the WisDOT project your company is working on have federal funding? See FAQ #2 for how to determine this.
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No - You do not need to submit an FHWA-1391
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Yes - Go to next question.
- Is the amount of one of your company’s contracts (work) equal to or exceeds $10,000?
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No - You do not need to submit an FHWA-1391
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Yes – FHWA-1391 is required. Complete the form and submit.
If you are required to submit an FHWA-1391:
Complete and submit the 2024 FHWA-1391 (link below) as an Excel document not a PDF. A typed name and title are acceptable on the signature line.
Must use the FHWA-1391 Excel form linked below. If you are unable to use Excel please contact
DOTLaborComplianceManagementSystem@dot.wi.gov for an alternative submittal method.
Completed reports or questions should be sent to:
DOTLaborComplianceManagementSystem@dot.wi.gov; with subject line Company Name 1391.
Notes
Report workforce data (head count – not hours) for last full week worked in July (week ending
7/13, 7/20, or 7/27.
Do not include data for Aeronautic (airport) projects.
Trucking companies: If you only do trucking, fill in sections 1 and 2 and complete Table A. If your company does more than trucking, then complete the entire form.
All companies must have sufficient documentation on file that would show its workforce on a project-by-project basis in support of the data submitted to WisDOT.
Failure to report will result in non-compliance under 23 U.S.C. 140(a) and 23 CFR Part 230.
Authority
Code of Federal Regulations, Title 23, Subpart A, Section 230.121
23 U.S.C. 140(a)
FHWA-1273, Required Contract Provisions Federal-Aid Contracts
WisDOT Standard Specifications
Other EEO Information:
WisDOT EEO Technical Assistance Guide
EEO Federal 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