Labor and Employment Articles 

The Equal Employment Opportunity Commission Proposes Modifications fo the EEO-1 Report

On June 11, 2003, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) proposed significant revisions to the Employer Information Report, more commonly known as the EEO-1 report. Since 1966, private employers with 100 or more employees and certain federal contractors with 50 or more employees have been required to file an EEO-1 report once a year. The data from these reports is used by the Commission to investigate charges of employment discrimination against employers and to provide information about the employment status of minorities and women. The EEOC is specifically proposing to modify the existing race and ethnic groups in the EEO-1 report as well as the job categories.

There are currently five race and ethnic categories on the EEO-1 report, including: Hispanic; White (not of Hispanic origin); Black (not of Hispanic origin); Asian or Pacific Islander; and American Indian or Alaskan Native. If the Commission’s proposal is ratified, the new EEO-1 report will be expanded to encompass seven race and ethnic categories, including: Hispanic or Latino; White (not Hispanic or Latino); Black or African American (not Hispanic or Latino); Native Hawaiian or Other Pacific Islander (not Hispanic or Latino); Asian (not Hispanic or Latino); American Indian or Alaska Native (not Hispanic or Latino); and two or more races not Hispanic or Latino. 

In addition to these changes, the Commission is proposing to divide the existing “Officials and Managers” job category into three separate tiers, namely, “executive/senior,” “mid-level” and “lower-level.” Executive and senior level employees will plan, direct and formulate policies, set strategy and provide the overall direction of the company or organization at a global or national level within parameters approved by a board of directors or other governing body. Employees within this tier will include, inter alia, chief executive officers, chief operating officers, and chief financial officers. Individuals in the mid-level tier will oversee and direct the delivery of products, services or functions at group, regional or divisional levels of the company or organization. This category will encompass group, regional or divisional controllers, treasurers, human resources and marketing personnel, and operations managers. Lower-level officials and managers are functional or branch level employees who are responsible for directing and executing the day-to-day operations of the company or organization. These individuals may be first-line, team or unit managers that directly supervise the activities of exempt and non-exempt personnel. 

Public comments about the proposed modifications to the EEO-1 report should be submitted by August 11, 2003 to Frances M. Hart, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 10th Floor, 1801 L Street, NW, Washington, DC 20507 or by facsimile to (202) 663-4114.