In November, we reported that the EEOC had approved the first revisions to the EEO-1 Report in 40 years, pending approval of the Office of Management and Budget. OMB has now approved the changes, so they are “official.” Click here to read our original Affirmative Action Alert, which provided a detailed discussion of the changes.
Although there is no longer any doubt that the changes will take effect, don’t panic. The 2006 EEO-1 Reports will be prepared the same as always. The changes do not have to be implemented until September 30, 2007, when employers must submit their EEO-1 Reports for 2007.
That said, you shouldn’t wait until the week of September 24, 2007, to get ready for the changes. Although the EEOC estimates that implementing the changes will take 3.4 hours, we all know that these government estimates are frequently low. We recommend that employers take the following steps immediately:
- Begin making the changes to your information system that will allow you to collect and generate the new EEO-1 data.
- Begin revising your forms (such as self-identification forms) to be consistent with the new requirements.
- Ensure that your Human Resources staff are able to make visual identifications, when necessary, of race (usually not too hard) and ethnicity (very hard). OFCCP regulations require covered contractors to gather this information for applicants. Although the EEOC strongly endorses voluntary self-identification of sex, race, and ethnicity, and even provides sample language, contractors are required to make a good-faith effort to visually identify if the applicant or employee refuses to self-identify.
The EEO-1 Report must be filed annually by the following employers:
- Those who have 100 or more employees;
- Those who have 50 or more employees, and who have a federal government contract, first tier subcontract, or purchase order amounting to $50,000 or more;
- Those who serve as a depository of government funds in any amount;
- Those financial institutions which are an issuing and paying agent for U.S. Savings Bonds and Notes.
If you have questions relating to the submission of the annual EEO-1 Report or the revisions, please contact any member of the Affirmative Action Practice Group or the Constangy attorney of your choice.