Have you filed your company EEO-1 Report?

September 30^th is the deadline for filing 2009 EEO-1 Reports. The EEO-1, officially named the “EE0-1 Survey” summarizes employer populations by category as requested by the Equal Opportunity Commission (EEOC).  These are broken down by gender, and seven race and ethnic identities including “Two or More Races (Not Hispanic or Latino) in ten job categories ranging from “Executive/Senior Level Official & Manager,” to “Service Worker.” Private employers with 100 or more employees, 50 or more if they are federal contractors, are required to complete this report each year.

How long is the report?

The EEOC provides guidelines for completing the report including definitions of the race and ethnic identities and job categories. The EEO-1 is a simple grid with fill in the blank boxes, not a long written document. Employers fill in the EEO-1 online using coded information most easily retained in a payroll system. The report does not require analyzing or compiling comparative data only the information from any one pay period from July through September during the current year.

How do I classify someone who is black with a Hispanic last name?

Employee self identification is the best source for the race and ethnic identities. If you are required to complete the annual report you should be giving each new hire a self identification sheet they complete with their name and instructions to check the appropriate descriptor. The Society for Human Resource Management (SHRM) has a good sample EEO-1 Voluntary Self Identification Form. In the event that you are not confident of existing records distribute the form to all employees explaining that it is required for government reporting purposes. When your employee population is just short of 100, and you think it is going to grow in the next 12 months it’s a good idea to start asking new employees to complete the form.  Be certain to clearly communicate that completion of self identification is voluntary. When an employee does not want to fill in the blanks you will need to use the definitions and make a visual identification. Never pick and choose employees to complete self identification forms, everyone should be asked to fill in the same blanks.

The information from completed self-evaluation forms is input into a payroll system to make it easier to complete the EEO-1. With jobs broken into the applicable categories the information can then be sorted for the required format. Never store completed self identification forms in employee personnel files, maintain them separately or destroy them after the data has been gathered and recorded in individual electronic records.

What does the government do with all this information?

The EEOC uses EEO-1 reports to analyze employment patterns and support enforcement efforts. There is no requirement that the EEO-1 results reflect the exact ethnic make up of any geographic area. Employers will not automatically be charged with discrimination if there are no women employed as Technicians. However if a female candidate claims gender discrimination, after she interviews for but is not offered a position as a Technician, the EEO-1 information could be reviewed as part of an investigation. It alone will not prove discrimination but could be used to support a claim when there is additional compelling evidence.

With proper information gathering and ongoing maintenance of data the EEO-1 report should be a manageable annual reporting requirement. If clean up work is needed on identities or job categories it will take some extra effort now but simplify the process for 2019 and beyond.