Valerie Hoffman Published in SHRM Legal Report

In the July/August issue of SHRM Legal Report, Valerie Hoffman’s article on “Equal Opportunity Reporting: New Requirements, New Best Practices,” outlines the three major changes in the Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report (EEO-1), due to the EEOC by September 30, 2007. They are: New and revised racial and ethnic categories; the EEOC’s preference that applicants and employees self-report ethic and racial information; and the form’s revised job categories.

In addition to the renaming of several/ethnic categories, Valerie discusses two substantive changes: First, the addition of the ‘Two or more races (not Hispanic or Latino)’ category “responds to the increasingly multi-racial character of the U.S. populations – a trend that is not expected to slow or reverse.” Valerie explains that as more people over time identify themselves in this category, reporting in single race categories will be reduced, which concerns organizations/interest groups which represent a specific race or ethnicity and rely on government reporting figures. The second is the EEOC’s decision not to collect racial data on employees of Hispanic/Latino ethnicity, based on the 2000 U.S. Census finding that only a small percentage of the population identified themselves as both Hispanic and a member of a racial minority.

Regarding the preferred method of self identification to obtain ethnic and racial information, Valerie provides sample language suggested by the EEOC for employers to use on any questionnaire and reminds them to record the method of identification, which would be “visual” for those who decline or do not self-identify. And the primary revision for job categories is a new two-tiered category for “Officials and Managers,” which distinguishes between “Executive/Senior level Officials and Managers” and “First/Mid-level Officials and Managers.”

Valerie provides practical guidance for employers on implementing the new form and suggests that those preparing for the 2007 Reporting Cycle resurvey their workforce with the new racial/ethnicity categories and establish procedures for identifying race/ethnicity when employees/applicants decline to self-identify. She also advises them to watch for further guidance from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).