2008 EEO-1 Report - Required to survey workforce

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I have heard that we are required to survey our entire workforce before completing the EEO-1 report that is due on September 30, 2008.  Is this true? 

Or are we simply allowed to use former surveys?

In addtion if surveying is required this year, can someone give a recommendation on the best way to distribute the survey?  By e-mail?

 

  

 

 

NYGiants

According to McGuire Woods (a reputable law firm):

 September 30, 2008 Deadline and Resurveying Obligations

The transition period for the new requirements ends with the 2008 EEO-1. Specifically, the EEOC’s Implementation Q&As and the Instruction Booklet clearly anticipate that employers would resurvey their workforces using the new race / ethnicity categories in order to accurately complete a form due on September 30, 2008 However, some employers have declined to resurvey unless the EEOC’s regulations are revised. In addition, the EEOC is informing employers who call that resurveying existing employees is not required, but they should be using the new process and categories to obtain self-identification from new employees.

This is because the EEOC’s Implementation Q&As expressly stated that resurveying the workforce was not required for the reports due in 2007, but it failed to provide any similar written instruction for the 2008 filings (or express requirement). Having said this, the EEO-1 Instructions provide that “self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 report. If an employee declines to self-identify, employment records or observer identification may be used.” (Emphasis added). Moreover, without some type of survey, it will be difficult for employers to comply with the reporting requirements, given that the exceptions in the Implementation Q&As technically do not extend past 2007.

Thus, in applying the new categories, and in particular the new “Asian” and “Two or More Races” categories, many employers are using various methods to solicit self-identification from their workforces in order to make a good-faith effort to submit accurate reports.

 See the full article at http://www.mcguirewoods.com/news-resources/item.asp?item=3482