Minnesota Department of Transportation

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Civil Rights

Committed to equality in transportation service

Federal-Aid Highway Construction Contractors Annual EEO Report (FHWA 1392)

All contractors working on federal-aid highway construction contracts of at least $10,000 between July 22, 2018 and July 28, 2018 are required to report their workforce by job category, gender and ethnicity. MnDOT Office of Civil Rights (OCR) compiles data submitted by each contractor into one report and submits it to the Federal Highway Administration.

How to Submit the Required Data to MnDOT Office of Civil Rights

There is a separate reporting process for Local (city and county) and MnDOT (highway) federal-aid highway construction contracts. Data is only required for construction contracts that include federal funds.

Local Project (city and county)

A local federal project is a contract awarded by a city or county agency with a SP number. For these projects, a contractor must submit an EEO-13 (Monthly Employment Compliance Report) if any work was performed between July 22 and July 28, 2018.  

EEO-13s must be submitted by Aug. 15, 2018 to ocrformsubmissions.dot@state.mn.us.

MnDOT Project (highway)

A highway project is a contract awarded by MnDOT. For these projects, a contractor must:

  1. Submit payroll via AASHTOWare Project, Civil Rights and Labor program and
  2. Complete the FHWA 1391 (Federal-Aid Highway Construction Contractors Annual EEO Report) (XLSX) only for the following categories: Officials, Supervisors, Foreperson, and Clerical.
    • FHWA 1391 must be submitted in a spreadsheet format

NOTE: No previous versions of the form will be accepted and the data submitted must cover all days in the specified period.

A contractor must enter payroll in AASHTOWare Project, Civil Rights and Labor program and submit the FHWA 1391 by Aug. 15, 2018 to ocrformsubmissions.dot@state.mn.us.

Frequently Asked Questions

What is the FHWA 1392?

A “snapshot” of contractor employees working on federal-aid highway construction projects during peak construction season.

What authority does MnDOT have?

Code of Federal Regulations, Title 23, Section 230.121, and federal-aid contract requirements.

Who must submit the required data?

Prime contractor(s) and subcontractors that worked on a federal-aid highway construction project at any time between July 22 and July 28, 2018.

I am a subcontractor, do I need to submit the required data?

Yes

What if a subcontractor does not submit the required data?

If the subcontractor does not submit the required data by Aug. 15, 2018, MnDOT OCR will instruct the prime contractor to obtain the missing data.

What happens if I do not submit the required data in a timely manner?

A nonresponsive contractor may be subject to payment withholding.

What is the reporting period for 2018?

From July 22 to July 28, 2018

When does the required data need to be submitted?

Aug. 15, 2018

Federal-Aid Highway Construction Contractors Annual EEO Report (FHWA 1392)

The MnDOT Office of Civil Rights compiles the workforce data (FHWA 1391) from all applicable contractors and submits the Federal-Aid Highway Construction Contractors Annual EEO Report (1392 Report) to the Federal Highway Administration.