• EEOC Approves Changes to EEO-1 Report Effective September 2007
  • November 30, 2005 | Author: Alisha LaRochelle Danchak
  • Law Firm: Jackson Walker L.L.P. - Dallas Office
  • The EEO-1 Report -- the EEOC's major employer reporting form -- requires employers to break down their workforce by job category, race, ethnicity, and sex. For the first time in nearly forty years, the EEOC is proposing major changes to this Report. On November 16, 2005, the EEOC approved major changes, and these will be published in the Federal Register for an additional 30 days of public comment. They will then be reviewed by the Office of Management and Budget ("OMB") and, if approved by the OMB, will take effect for the September 30, 2007, reporting cycle.

    Private employers of 100 or more and some federal government contractors with 50 or more employees must annually file an EEO-1 Report with the EEOC. The reports are used by the EEOC to investigate complaints of employment discrimination and to track the employment status of both minorities and women.

    The changes to the EEO-1 Report approved by the EEOC increase both the number of job categories and the racial/ethnic categories. In addition, the proposed changes introduce a new two-question format segregating race from ethnicity if the identifying response is "Hispanic or Latino." According to the EEOC's website the race and ethnic categories are being changed "to allow self-reporting by individuals of two or more races, in response to new government standards for reporting race and ethnicity issued by the [OMB] in 1997," and the job categories are being changed "to better track the representation of women and minorities at different levels of management."

    The proposed changes are summarized below:

    Proposed Changes to Race and Ethnic Categories:

  • Adding three new categories titled "Two or more races, not Hispanic or Latino," "Asians, not Hispanic or Latino," "Native Hawaiian or Other Pacific Islander, not Hispanic or Latino";
  • Separating "Asians" from "Pacific Islanders";
  • Renaming "Black" to "Black or African American";
  • Renaming ""Hispanic" to "Hispanic or Latino";
  • Requiring the State of Hawaii to collect EEO-1 data by race and ethnicity; and
  • Endorsing self-identification of race and ethnic categories by asking employees to report voluntarily their ethnicity and race and by allowing employers to use employment records or visual observation only when employees decline to self-identify.

    Proposed Changes to Job Categories:

  • Dividing "Officials and Managers" into two levels based on responsibility and influence:
    1) "Executive/Senior Level Officials and Managers" (those who plan, direct and formulate policy, set strategy and provide overall direction; in larger organizations, within two reporting levels of CEO); and
    2) "First/Mid-Level Officials and Managers" (those who direct implementation or operations within specific parameters set by Executive/Senior Level Officials and Managers; oversee day-to-day operations).
  • Moving non-managerial business and financial occupations from the "Officials and Managers" category to the "Professionals" category.