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E-Alerts

Don’t Forget To Submit Your EEO-1 Report By September 30, 2008!

Many employers are required to submit an Employer Information Report EEO-1 (the “EEO-1 Report”) by September 30, 2008.  The EEO-1 Report identifies employees by job category, race/ethnicity and gender.  The specific definitions have recently changed.  Generally, two categories of employers are required to submit the EEO-1 Report:  (1) private employers with 100 or more employees, and (2) employers with a federal government contract of $50,000 or more and 50 or more employees.  The EEO-1 Report must be submitted with the Joint Reporting Committee of the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”).

The EEO-1 filing process is an annual reminder to each employer to evaluate whether the employer is, or could be, a federal contractor or sub-contractor.  For more information on this issue, please contact us.

Covered employers that have submitted EEO-1 Reports in previous years should have received instructions from the EEOC regarding how to prepare and submit the recently revised EEO-1 Report.  If you believe that your organization is required to submit an EEO-1 Report and you have not received instructions, or if you have lost or cannot locate your organization’s electronic log-in address and/or password, you may contact the EEOC/OFCCP Joint Reporting Committee at 1-866-286-6440 (toll-free telephone), 202-663-7185 (fax), or e1.techassistance@eeoc.gov (email).

Information Required To Be Included In The EEO-1 Report

Covered employers are required to identify the race/ethnicity and gender of each employee.  Self-identification is the preferred method for identifying race/ethnicity.  Therefore, employees should be given an opportunity to self-identify for purposes of the EEO-1 Report.  If an employee declines self-identification, then employment records and/or observer identification may be substituted.

The recently revised race/ethnicity categories are as follows:

  • 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).

Employers must also categorize each employee by job type.  Major EEO-1 job categories (also recently revised) include:

  • Executive/Senior Level Officials and Managers;
  • First/Mid Level Officials and Managers;
  • Professionals;
  • Technicians;
  • Sales Workers;
  • Administrative Support Workers;
  • Craft Workers;
  • Operatives;
  • Laborers and Helpers; and
  • Service Workers.

EEO-1 job categories are based primarily on the average skill level, knowledge and responsibility involved in each occupation within the job category.  A complete listing of job categories, including examples of the occupations within each, can be found in the EEOC’s Job Classification Guide, located online at

 http://www.eeoc.gov/eeo1survey/jobclassguide.html.

EEOC’s Preferred Filing Methods

The EEOC/OFCCP Joint Reporting Committee prefers that EEO-1 data be submitted through the EEO-1 Online Filing System or as an electronically transmitted data file.  Paper EEO-1 forms will be provided to employers upon request only if Internet access is not readily available.

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We urge covered employers to take the steps necessary to meet the September 30, 2008, compliance deadline.  Please let us know if you need assistance with this important reporting obligation.