The Equal Employment Opportunity Commission, in consultation with the Office of Federal Contract Compliance Programs, recently revised the EEO-1 Report. While employers must report using the new EEO-1 form beginning with the report due on September 30, 2007, employers are not required to identify their workforce using the new racial and ethnic categories until September 30, 2008. Thus, employers are not required to resurvey their workforce and identify their workforce by the new racial and ethnic categories until preparing to file the September 30, 2008 EEO-1.

Does My Company Have to File an EEO-1?

Your company must file an EEO-1 if:

  1. You are a private employer with 100 or more employees; or
  2. You have 50 or more employees and you are a prime contractor or first-tier subcontractor with federal government contracts of $50,000 or more; or
  3. You are a bank with 50 or more employees and serve as a government depository or are an issuing and paying agent for U.S. Savings Bonds and Notes.

What Are the New Race and Ethnic Categories?

The revised EEO-1 changed the race and ethnic categories to add a new category for “two or more races.” In addition, the previous category of “Asian or Pacific Islander” has been divided into two separate categories: “Asian” and “Native Hawaiian or other Pacific Islander.” The category previously described as “Black” has been renamed as “Black or African American,” and the “Hispanic” category has been renamed as “Hispanic or Latino.”


What Are the New Job Categories?

In addition to revising the race and ethnic categories, the revised EEO-1 split the previous job category of “Officials and Managers” into two categories: “Executive/Senior Level Officials and Managers” and “First/Mid-Level Officials and Managers.” Executive/Senior Level Officials and Managers include individuals who plan, direct and formulate policies, and who set strategy and provide the overall direction of the company. In larger organizations, these individuals include employees within two reporting levels of the Chief Executive Officer and individuals whose responsibilities require frequent interaction with the CEO. First/Mid-Level Officials and Managers include employees who oversee and direct delivery of products, services, or functions at the group, regional or divisional level of the company. Typically, these officials receive directions from the Executive/Senior Level Officials and Managers.


When Does My Company Have to Resurvey Our Workforce?

Because employers only have to report on the new form beginning with the September 30, 2007 report and are not required to actually assign employees to the new categories until the September 30, 2008 report, employers are not required to resurvey their entire workforce before filing the September 30, 2007 EEO-1. The EEOC recommends that employers begin collecting data for the new categories as new employees are hired if employers choose not to resurvey their entire workforce before submitting the September 30, 2007 EEO-1. If your company does not resurvey your workforce until preparing for the 2008 EEO-1, you should simply use the new EEO-1 form and leave the new racial and ethnic categories blank.


Does My Company Have to Use the New Job Categories Beginning with the September 30, 2007 EEO-1?

Yes. Because employers can determine the job categories to which employees can be assigned, employers should report in the new job categories beginning with the September 30, 2007 EEO-1.


Should We Ask Employees Who Self-Identify As Two-or-More Races to Identify Their Specific Racial Categories?

For reporting purposes on the EEO-1, an employer does not have to require an employee to identify the races to which an employee belongs if the employee identifies himself or herself as “two or more races.” However, employers who are subject to Executive Order 11246 and are required to maintain Affirmative Action Plans for OFCCP compliance purposes should require an employee to identify the races to which he or she belongs so that the appropriate racial or ethnic category can be reported in the AAP. If an employee provides detailed information in response to the “two or more races” inquiry, the employer is required to preserve this information under federal regulations.


How Do We Identify Our Employee’s Race and Ethnicity?

The EEOC discourages visual identification of race and ethnicity and encourages employers to use written or electronic self-identification forms.