Recent changes to reporting requirements adopted by the Equal Employment Opportunity Commission ("EEOC") will impact filing of the Standard Form 100 (Commonly referred to as the EEO-1 Report) beginning in September 2007. The EEO-1 Report is a government form filed by employers to provide a count of their employees by job category as well as race, gender and ethnicity. The EEO-1 Report must be filed annually by September 30 of each year by all employers with 100 or more employees and by employers with only 50 or more employees holding federal government contracts or subcontracts in the amount of $50,000 or more.

Changes To Race And Ethnicity Reporting
The EEOC has modified its "race" identification requirements by separating Asians and Pacific Islanders into two groups (which are currently reported together) and by adding the category of "two or more races." Additionally, the agency is requiring ethnicity and race data be collected separately in the form of a two-part question as race data for employees who self identify as being of Hispanic or Latino ethnicity will no longer be reported on the EEO-1 (but must be preserved as an employment record if provided). The changes to race and ethnicity identification adopted by the EEOC will require resurveying the workforce.

Employers must use the new EEO-1 form starting in September of 2007. However, an employer may postpone resurveying its work force and reporting on the race changes until September of 2008 if desired. Resurveying, nevertheless, 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 in sufficient time to meet the September 20, 2008, deadline. Contact Tony Pickell at tony.pickell@bakerd.com or 317-237-8238 for assistance and forms to resurvey your workforce.

Changes To Job Group Categories Under the new requirements, covered employers will need to breakdown the Officials & Managers job group into two subgroups based upon responsibility within an organization. These two levels will be:

1.  Executive/Senior Level Officials & Managers - this group should include individuals who plan, direct and formulate policy, set strategy and provide overall direction for the operation of a company; and

2.  First/Mid Level Officials & Managers - this group should include individuals who direct implementation or operations within the guidelines set by Executive/Senior Level Officials and Managers.

The revised EEO-1 Report reporting requirements will also move business and financial occupations without managerial responsibilities from the Officials & Managers category to the Professionals category. Each of the required job group changes can be done without resurveying your current workforce and must be reported upon in the September 2007 EEO-1 Report.

The Impact Of EEO-1 Report Changes To Affirmative Action Programs The Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") (the enforcement arm for regulations governing Affirmative Action and relevant to federal government contractors or subcontractors) has not yet adopted a position on how the EEO-1 Report changes will impact Affirmative Action Programs ("AAP"). At this time, the OFCCP's 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 EEO-1 Report job group changes are of minor consequence for the AAP's. However, the race and ethnicity changes will have an impact.