Quick Summary: Covered employers are not required to resurvey their workforces pursuant to the revised ethnic and racial categories until the reporting period ending September 30, 2008, one year past the original effective date. Other aspects of the revised EEO-1 procedure continue to take effect with the close of the 2007 reporting period.
First, the “Old” New Rules
Last year, the U.S. Equal Employment Opportunity Commission revised its EEO-1 survey procedure. The EEO-1 is, for many employers, a mandatory survey and reporting process that has been in use since 1966 to chart the patterns of women and minorities in the workforce. In November 2005, the E.E.O.C. issued final regulations that modified two aspects of the report, the ethnic and racial categories and the job categories. Along with the category changes, the EEO-1 report itself was revised.
Use of the revised report to survey and report the newly defined categories was initially scheduled to be required next year, with the reporting period that closes September 30, 2007. Now, the process is being phased in as described below.
Who Is Affected
The E.E.O.C.’s Standard Form 100, commonly called the EEO-1, must be filed by:
1. All private employers that:
- Are subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees excluding state and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations;
- Are subject to Title VII, as amended, who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
and also by
2. All federal contractors (private employers) that:
- Are not exempt pursuant to 41 C.F.R. § 60-1.5, and
- Have 50 or more employees, and
- Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
- Serve as a depository of Government funds in any amount, or
- Constitute a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
Only those establishments located in the District of Columbia and the 50 states are required to submit EEO-1s. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates.
The Category Revisions:
The racial and ethnic categories were changed in the following ways:
- Adding a new category entitled “Two or more races”
- Dividing “Asian or Pacific Islander” into two separate categories: “Asian” and “Native Hawaiian or other Pacific Islander”
- Renaming “Black” to “Black or African American”
- Renaming “Hispanic” to “Hispanic or Latino”
- Endorsing self-identification of race and ethnic categories, as opposed to visual identification by employers.
The job categories were changed in the following ways:
- The category of “Officials and Managers” was divided into two levels based on responsibility and influence within the organization. The two new levels are:
- Executive/Senior Level Officials and Managers (plan, direct and formulate policy, set strategy and provide overall direction; in larger organizations, within two reporting levels of CEO)
- First/Mid-Level Officials and Managers (direct implementation or operations within specific parameters set by Executive/Senior Level Officials and Managers; oversee day-to-day operations)
Now, the “New” New Rules
The new reporting form, i.e., the revised EEO-1 report, is still required for the reporting period ending on September 30, 2007.
The revised job categories are still required to be used for the reporting period ending on September 30, 2007.
If an organization will have knowledge of its workforce based on the revised ethnic and racial categories, then that information should be reported for the period ending on September 30, 2007.
However–and this is the “new” part–the E.E.O.C. will not require reporting employers to survey their workforces for information required by the revised ethnic and racial categories until the reporting period ending on September 30, 2008.
The E.E.O.C. encourages employers to obtain the revised ethnic and racial information by having employees “self-identify.” The process of self-identification and the development of a related database for EEO-1 purposes can begin as soon as practicable. It is not required to begin until the organization prepares to file in 2008.