We are trying to get ready for our EEO-1 reporting for September 2007, when the new form with the new breakdown of race and ethnicity comes into play. I have two questions: 1. Do we have to resurvey our employee population for this? How would we go about getting them to self-identify? And if they don’t, how do we proceed? 2. How do we deal with people who don’t seem to fit into a category? Since there is no “other” category, are they “White” if they are not one of the listed categories? — Stephen, HR Manager in San Francisco
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You raise some interesting points about the new EEO-1 form. First of all, just as a reminder, this is an annual display of the workforce by categorized “job groups” and by demographic data.
It is a required document if an organization/public employer has more than 100 employees or is a federal contractor (or subcontractor) participating in contracts, in aggregate, that total more than $50,000 per year and employ 50 or more employees.
The demographic data, which has recently been changed to be more expansive, includes ethnicity, race, and gender. The new ethnicity and race categories are:
- Hispanic or Latino (includes all who answer “yes” to being Hispanic or Latino)
- Black or African American (not Hispanic or Latino)
- White (not Hispanic or Latino)
- Hawaiian or other Pacific Islander (not Hispanic or Latino)
- Asian (not Hispanic or Latino)
- Native American Indian or from Alaska (not Hispanic or Latino)
- Two or more races (not Hispanic or Latino)
The job category of “Officials and Managers” has been subdivided into two groups. The initial one is Senior and Executive Officials and Managers and the second one is Mid-Level Managers and First Line Supervisors. That distinction does not require self-identification and can simply be reflected by assigning all managerial, executive, and supervisory jobs into the correct, new classifications. This change is required to be reflected on the 2007 form and can be done without asking for employee information.
You asked if you have to resurvey current employees. The simple answer is no, especially this year, because the OFCCP (Office of Federal Contract Compliance Programs, the section of the Department of Labor that enforces federal contract compliance) has not yet finalized how it wants the data collected and categorized. It is much more practical to wait a year until it is required. You may, however, change and update your forms to reflect the new ethnicity categories for new employees.
As to the question about people who do not seem to fit into a category, remember that self-identification is preferred, and it is voluntary. So, it is the employee’s choice how they perceive and identify themselves.
If they choose not to self-identify, the employer can select for them based on visual information. If you run into a situation in which there is unclear information or data seems to indicate multiple ethnicity information, you can designate an employee as “two or more races.” A careful reading of the definitions of the racial categories (available on the EEOC website, by clicking “Surveys: EEO-1,” and then “Revised race and ethnic categories”) will help you to place people appropriately.
As many software programs do not have the capacity or space for the expanded definitions, you may want to wait as long as possible to make changes in the designations, especially if you anticipate system upgrades or changes.
Rhoma Young is founder and head of HR consulting firm Rhoma Young & Associates in Oakland.