As you may know, new changes to reporting will impact filing of the EEO-1's beginning in 2007. Under the new requirements, covered employers will need to break-down the Officials & Managers job group into two subgroups (Executive/Senior Level Officials & Managers and First/Mid Level Officials & Managers). This can be done without re-surveying the workforce. Additionally, "race" identification is modified by separating Asians from Pacific Islanders and the addition of the "two or more" races category. It should be noted that an individual identifying as Hispanic, may not include himself/herself as an individual with two or more races. These changes will require resurveying the workforce.

Employers must use the new EEO-1 form starting in September of 2007. Employers may postpone re-surveying its workforce and reporting on the race changes until September of 2008 if desired. Re-surveying, however, must eventually be done. Depending upon the size of your work force, this may take some time, and appropriate lead time should be calculated to compile the data.

The OFCCP has not yet adopted a position on how these changes will impact AAP's or given any guidance. Its only comment on the subject is: "To avoid imposing inconsistent burdens on Federal contractors, OFCCP is in the process of reviewing the regulations for possible changes. Before any changes can be made, the proposed changes must be published and the public given the opportunity to comment. OFCCP will provide contractors a reasonable transition period before any of the changes become effective."

The job group change is of minor consequence for the AAP's, but the race changes will have an impact. We are recommending one of three approaches at this time. (1) Wait to resurvey your workforce as to race until the OFCCP issues guidance or the September, 2008 deadline, whichever comes first (note: O&M job group reclassification must be done prior to the 2007 EEO-1 filing). (2) Resurvey your workforce and include individuals identifying themselves as 2 or more races with minorities for the purposes of calculating adverse impact. (3) Keep separate AAP and EEO tracking records for the differing reporting requirements.

Finally, Government Contractors who do not wish to maintain separate AAP and EEO tracking records will need to modify their voluntary self-identification forms to reflect the new race categories. This modification should coincide with the timing of the re-surveying of current employees.