Starting this September, private employers of 100 or more employees and federal contractors (50 or more employees) are required to complete and submit an expanded EEO-1 Report by September 30, 2007. The Equal Employment Opportunity Commission (“EEOC”) made several changes to the report’s race and ethnic categories and revised some of the report’s job categories.
Racial and Ethnic Categories
The categories for the 2007 report are:
- White (not Hispanic or Latino);
- Black or African American (not Hispanic or Latino);
- Native Hawaiian or other Pacific Islander (not Hispanic or Latino);
- Asian (not Hispanic or Latino);
- American Indian or Alaska Native;
- Two or more races (not Hispanic or Latino); and
- Hispanic or Latino.
Although the EEOC’s guidance for the new form provides that self-identification is the preferred way of obtaining the racial and ethnic information, the EEOC has not promulgated a rule to that effect yet and has announced that it will propose such a rule in August 2007.
Under the current rules, employers may gather the required information from surveys and employment records. If an employer chooses to use the self-identification method for updating this information, the employer must inform its employees that selfidentification is strictly voluntary. If an employee declines to self-identify, the employer may use visual observation or employment records to ascertain this information. Employers are not required to resurvey their entire workforce before the new report goes into effect; however, employers are expected to resurvey their employees as soon as possible to obtain the updated information.
The new EEO-1 Report divides “Officials and Managers” into two new categories:
- Executive/Senior Level officials and managers; and
- First/Mid Level officials and managers.
Business and financial advisors should not be included in either of these new groups, but instead should be included in the “Professionals” category. Detailed descriptions of these categories are included in the EEO-1 Instruction Booklet.
The 4th of July is just around the corner, which means September 30th is fast approaching. Employers that have not yet done so should prepare strategies for complying with this new reporting requirement.