As reported in our March 13, 2006 Newsletter, the annual EEO-1 report due to be filed by September 30 has been revised by the Equal Employment Opportunity Commission. An employer who must file the EEO-1 report is a privately-owned employer who either (a) has 100 or more employees, (b) is part of a single integrated employer which has 100 or more employees, or (c) has 50 or more employees and is a prime contractor or a first-tier subcontractor with a government contract of $50,000 or more. The revised EEO-1 report differs from the previous report in several ways. For example, the racial and ethnic categories have been changed to “Black or African-American,” “Hispanic or Latino,” “Asian” and “Native Hawaiian or other Pacific Islander.” The category of “Officials and Managers” has been divided into two categories – “Executive/Senior Level Officials” and “First/Mid-Level Officials."

Employers with questions may contact the Firm or the Equal Employment Opportunity Commission at 1-866-286-6440. In addition, the EEOC’s website includes the EEO-1 form, the Job Classification Guide, the Instruction Booklet and Questions and Answers. See Extensions of time to file the report may be obtained by sending an e-mail to

According to Nancy Sasamoto, one of the biggest concerns for employers is how to identify employees as falling into one of the categories. Although employers may not lawfully request this type of information prior to making a hiring decision, employers may ask employees to self-identify themselves voluntarily after they have been hired. If an employer does not ask employees to self-identify themselves, the human resource manager may make his or her own best “guess” when preparing the report. Another concern is whether the information will be used to prove discrimination in hiring and promotions. However, this information, alone, is usually insufficient to assess liability.