Questions and Answers: Revisions to the EEO-1 Report

Background and Basic Requirements

1. Q: What is the EEO-1 Report?

   A: The EEO-1 Report – formally known as the "Employer Information Report" – is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted to both the EEOC and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).

2. 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

3. 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.

4. Q: When must employers begin using the revised EEO-1 report?

   A: The revised EEO-1 report must be used beginning with the survey due by September 30, 2007. For the surveys due by September 2006, employers should continue to use the EEO-1 report format from previous years. This report is still available on the EEOC’s website at https://apps.eeoc.gov/eeo1/eeo1.jsp

5. Q: How do employers file EEO-1 reports?

   A: We strongly recommend 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 http://www.eeoc.gov/eeo1survey/howtofile.html.

6. Q: Is EEO-1 data confidential?

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

7. Q: Where can employers find more information about the EEO-1?

   A: General information about the EEO-1 can be found at the EEOC’s website at http://www.eeoc.gov/eeo1survey/index.html.

Description of the Changes to the New EEO-1 Report

8. 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

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

   A: First, 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 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).

10. Q: What process did the EEOC follow in adopting these revisions to the EEO-1 report?

    A: On June 11, 2003, the EEOC published in the Federal Register a notice of proposed revisions to the EEO-1 and asked for comments in 60 days.

    1. Thirty-two interested parties, including employers, civil rights organizations, human resources and information technology professionals, and other individuals, submitted written comments.
    2. The EEOC held a public hearing at which nine witnesses testified. The record was completed by several written comments submitted subsequent to the hearing.
    3. The EEOC reviewed the comments and made revisions to the EEO-1 report, in coordination with OFCCP.
    4. On November 16, 2005, the Commission voted to approve the revisions to the EEO-1 Report. A final Notice of Submission for Office of Management Budget (OMB) review was published in the Federal Register on November 28, 2005. This notice is available on the Commission's website at http://www.eeoc.gov/eeo1/index.html.
    5. After a 30-day public comment period during which OMB considered all comments submitted, the revised EEO-1 was given final approval.
    6. The final revised EEO-1 report was posted on the Commission's website on January 27, 2006 at http://www.eeoc.gov/eeo1/index.html.

11. 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 http://www.eeoc.gov/eeo1/index.html . A copy of the final notice can also be found in the November 28, 2005 issue of the Federal Register (70 FR 71294) at http://edocket.access.gpo.gov/2005/05-23359.htm .

Uses of EEO-1 Data

12. 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.

Next Steps

13. Q: What happens now that OMB has approved the revised EEO-1 report?

    A: The final EEO-1 report has been posted on the Commission's website, with the valid OMB number, at http://www.eeoc.gov/eeo1/index.html, along with the Instruction Booklet. Employers must begin to use the newly approved EEO-1 report beginning with the survey due September 30, 2007. (For the survey due September 30, 2006, employers should continue to use the EEO-1 report from previous years, still available on the Commission's website at https://apps.eeoc.gov/eeo1/eeo1.jsp.)

This page was last modified on January 27, 2006.

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