Labor E-Bulletin - 2007 EEO-1 Forms Are Significantly Revised by the EEOC
November 23, 2005
After deliberating for over two years, EEOC is finally prepared to issue its new EEO-1 regulations. Both the changes in the new EEO-1 Form and the effort required of employers to comply with the changes are significant.
The revised regulations add a new racial category: “Two or more races.” Employees who claim to have more than one racial heritage may self-identify themselves in this category, no matter what their appearance may be and no matter to what degree one race heritage may dominate the other(s). Therefore, for example, an individual who claims he is 1/16 Native American because he believes that his great-great-grandmother was a Cherokee would be entitled to self-identify under the category of “Two or more races.” An employer must accept an employee’s racial self-identification unless there is objective evidence that the employee has provided the information in bad faith.
The revised regulations address one other racial identification issue. The existing category of Asian/South Sea has been split into two separate categories.
Although the revised regulations will likely become effective in February or March of 2006, the existing racial categories will be still used for the 2006 EEO-1 forms. The 2007 EEO-1 forms due September 30, 2007, however, will require use of the multiple race category. Well prior to the 2007 filing date, an employer will have to send a written survey to existing employees offering them the opportunity to racially self-identify. Employees who choose not to exercise that right are then to be visually surveyed by the employer for the purpose of racial categorization. While the new regulation provides little guidance on this most delicate task, please note that the EEO-1 Form does not contain an “Unknown” column.
For an employer who is a government contractor, the changes made by the EEOC will have some effect upon its affirmative action plan (AAP). OFCCP regulations do not presently permit an AAP to use the new multiple race category; therefore, until and unless OFCCP revises its regulations, employees in this new racial category will effectively be excluded from the analyses performed within an AAP. Whether the OFCCP will actually be able to conform its regulations before the end of the current decade is dubious given the history of the OFCCP’s past efforts in this regard.
In addition to the new racial categories, the EEOC also has revised one of the EEO job categories. The former EEO Job Category 1, Officials and Managers, has been divided as follows: EEO Job Category 1.1 – Executive/Senior Level Officials and Managers; and EEO Job Category 1.2 – First/Mid Level Officials and Managers. The latter category is where first-level supervisors and department managers ordinarily should be placed. Finally, the definitions of EEO Job Category 1.1 and 1.2 have been somewhat narrowed, effectively moving high-level business analysts and other high-ranking non-managerial positions into the Professional category (EEO-2).
A draft of the proposed EEO-1 reporting form is attached. The electronic version will mirror the paper version. One final note: the EEOC is required to submit all regulatory revisions to the federal Office of Management and Budget for approval before the revisions can take effect; however, it is widely believed that OMB will approve these revisions without further change.
If you have any questions about the new regulations, you may wish to contact any member of the Firm with whom you are acquainted or you may directly contact Larry Barty, a Labor and Employment Dept. partner who has extensive experience with affirmative action plans and government reporting requirements.
The revised regulations add a new racial category: “Two or more races.” Employees who claim to have more than one racial heritage may self-identify themselves in this category, no matter what their appearance may be and no matter to what degree one race heritage may dominate the other(s). Therefore, for example, an individual who claims he is 1/16 Native American because he believes that his great-great-grandmother was a Cherokee would be entitled to self-identify under the category of “Two or more races.” An employer must accept an employee’s racial self-identification unless there is objective evidence that the employee has provided the information in bad faith.
The revised regulations address one other racial identification issue. The existing category of Asian/South Sea has been split into two separate categories.
Although the revised regulations will likely become effective in February or March of 2006, the existing racial categories will be still used for the 2006 EEO-1 forms. The 2007 EEO-1 forms due September 30, 2007, however, will require use of the multiple race category. Well prior to the 2007 filing date, an employer will have to send a written survey to existing employees offering them the opportunity to racially self-identify. Employees who choose not to exercise that right are then to be visually surveyed by the employer for the purpose of racial categorization. While the new regulation provides little guidance on this most delicate task, please note that the EEO-1 Form does not contain an “Unknown” column.
For an employer who is a government contractor, the changes made by the EEOC will have some effect upon its affirmative action plan (AAP). OFCCP regulations do not presently permit an AAP to use the new multiple race category; therefore, until and unless OFCCP revises its regulations, employees in this new racial category will effectively be excluded from the analyses performed within an AAP. Whether the OFCCP will actually be able to conform its regulations before the end of the current decade is dubious given the history of the OFCCP’s past efforts in this regard.
In addition to the new racial categories, the EEOC also has revised one of the EEO job categories. The former EEO Job Category 1, Officials and Managers, has been divided as follows: EEO Job Category 1.1 – Executive/Senior Level Officials and Managers; and EEO Job Category 1.2 – First/Mid Level Officials and Managers. The latter category is where first-level supervisors and department managers ordinarily should be placed. Finally, the definitions of EEO Job Category 1.1 and 1.2 have been somewhat narrowed, effectively moving high-level business analysts and other high-ranking non-managerial positions into the Professional category (EEO-2).
A draft of the proposed EEO-1 reporting form is attached. The electronic version will mirror the paper version. One final note: the EEOC is required to submit all regulatory revisions to the federal Office of Management and Budget for approval before the revisions can take effect; however, it is widely believed that OMB will approve these revisions without further change.
If you have any questions about the new regulations, you may wish to contact any member of the Firm with whom you are acquainted or you may directly contact Larry Barty, a Labor and Employment Dept. partner who has extensive experience with affirmative action plans and government reporting requirements.
