Q: Who must file the EEO-1 report?

A: The EEO-1 report must be filed by:

• Employers with federal government contracts of $50,000 or more and 50 or more employees; and
• Employers who do not have a federal government contract but have 100 or more employees.

Q: When must the EEO-1 report be filed?

A: The EEO-1 report must be filed annually with the EEOC by September 30. It must use employment numbers from any pay period in July through September of that year.

Q: How do employers file EEO-1 reports?

A: The EEOC recommends that EEO-1 reports be submitted through the EEO-1 Online Filing System or as an electronically transmitted data file. Paper EEO-1 forms will be generated on request only, and only in extreme cases where Internet access is not available to the employer. Instructions on how to file are available on the EEOC's website at
www.eeoc.gov/eeo1survey/howtofile.html.

Q: Is EEO-1 data confidential?

A: Yes. The Commission is required by law to keep individual employer EEO 1 reports strictly confidential. See 42 U.S.C. 2000e-8(e).

Q: What changes are being made to the ethnic and racial categories on the EEO-1 report?

A: A number of changes are being made to the race and ethnic categories. The revised EEO-1 report:

• adds a new category titled "Two or more races;"
• divides "Asian or Pacific Islander" into two separate categories: "Asian" and "Native Hawaiian or other Pacific Islander;"
• renames "Black" as "Black or African American;"
• renames "Hispanic" as "Hispanic or Latino;"
• strongly endorses self-identification of race and ethnic categories, as opposed to visual identification by employers.

Note: Organizations may choose to re-identify current employees, though the EEOC does not require employers to do so.

Q: What changes are being made to the job categories on the EEO-1 report?

A: The current EEO-1 Report includes nine job categories: Officials and Managers, Professionals, Technicians, Sales, Official and Clerical, Craft Workers (Skilled), Operative (Semiskilled), Laborers (Unskilled), and Service Workers. In the revised EEO-1 report, the current category of "Officials and Managers" will be divided into two levels based on responsibility and influence within the organization.

These two levels will be:

1. Executive/Senior Level Officials and Managers (plan, direct and formulate policy, set strategy and provide overall direction; in larger organizations, within two reporting levels of CEO)

2. First/Mid-Level Officials and Managers (direct implementation or operations within specific parameters set by Executive/Senior Level Officials and Managers; oversee day-to-day operations)

The revised EEO-1 also will also move business and financial occupations from the Officials and Managers category to the Professionals category (to improve data for analyzing trends in mobility of minorities and women within Officials and Managers).

Q: What do the EEOC and OFCCP do with the EEO-1 survey data?

A: Both the EEOC and OFCCP have used the EEO-1 since 1966. The EEOC uses the data to support civil rights enforcement. The EEOC also uses the data to analyze employment patterns, such as the representation of female and minority workers within companies, industries, or regions. OFCCP uses EEO-1 data to determine which employer facilities to select for compliance evaluations. OFCCP's system uses statistical assessment of EEO-1 data to select facilities where the likelihood of systematic discrimination is the greatest.

Q: Where is more information about the revisions to the EEO-1?

A: More information about the revised EEO-1 - including the final Notice of Submission for OMB Review which explains the revisions in detail and the Instruction Booklet - is available on the Commission's website at
www.eeoc.gov/eeo1/index.html.
Should you have any concerns about completing the EEO-1, please consult the EEOC materials or with one of our attorneys.

Q.What happens if an employer does not comply with the filing requirement?

A: By statute, "Any employer failing or refusing to file an EEO-1 when required to do so may be compelled to file by order of a U.S. District Court, upon application of the Commission." Moreover, anyone making "willfully false statements" on the EEO-1 may be punished by a fine, imprisonment (up to five years) or both.