[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Notices]
[Pages 34965-34969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14739]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Revision of the
Employer Information Report (EEO-1) Comment Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Proposed revision of the Employer Information Report (EEO-1).
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SUMMARY: In the late 1990's, the Office of Management and Budget (OMB)
issued revisions of three standard Federal classifications related to
the U.S. Equal Employment Opportunity Commission's Employer Information
Report (EEO-1)--the North American Industry Classification System
(1997), the Standards for the Classification of Federal Data on Race
and Ethnicity (1997), and the Standard Occupational Classification
(1999).
In response to the changes in the OMB classification standards, and
under Sec. 709(c) of Title VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. 200e-8(c)), the U.S. Equal Employment Opportunity
Commission (EEOC or Commission) is proposing modifications to the
system currently used to classify the race and ethnicity and job
categories used by respondents to file annual EEO-1 reports. This
notice solicits public comment on the EEOC proposals. The proposed EEO-
1 form can be found at http://www.eeoc.gov/eeo1.
DATES: Written comments on this notice must be submitted on or before
August 11, 2003. A public hearing concerning these proposed changes
will be held on
[[Page 34966]]
a date and at a time and place to be announced.
ADDRESSES: Comments should be submitted to Frances M. Hart, Executive
Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 10th floor, 1801 L Street, NW., Washington, DC 20507. The
Executive Secretariat will accept comments transmitted by facsimile
(``FAX'') machine. The telephone number of the FAX receiver is (202)
663-4114. (This is not a toll-free number.) Only comments of six or
fewer pages will be accepted via FAX transmittal. This limitation is
necessary to assure access to the equipment. Receipt of a FAX
transmittal will not be acknowledged, except that the sender may
request confirmation of receipt by calling the Executive Secretariat
staff at (202) 663-4070 (voice) or (202) 663-4074 (TDD). (These are not
toll-free telephone numbers.) Copies of comments submitted by the
public will be available for review at the Commission's library, Room
6502, 1801 L Street, NW., Washington, DC 20507 between the hours of
9:30 a.m. and 5 p.m.
FOR FURTHER INFORMATION CONTACT: Joachim Neckere, Director, Program
Research and Surveys Division, 1801 L Street, NW., Room 9222,
Washington, DC 20507; (202) 663-4958 (voice) or (202) 663-7063 (TDD).
SUPPLEMENTARY INFORMATION: On October 30, 1997, OMB issued a Federal
Register notice (Vol. 62. No. 210, Part II, pp. 58781-58790) titled
``Revisions to the Standards for the Classification of Federal Data on
Race and Ethnicity.'' On September 30, 1999, OMB issued its Notice of
final decision for the Standard Occupational Classification system in
the Federal Register (Vol. 64. No. 189, Part IV, pp. 53135-53163).
These proposed revisions to the EEO-1 respond to these changes in the
Federal classification standards. EEOC seeks to avoid burden and
disruption by proposing these changes simultaneously.
The Commission is soliciting public comment on its proposals to
modify the EEO-1 form to use the revised race and ethnicity and job
categories, as well as comments addressing the following points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the Commission's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the Commission's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Persons wishing to present their views orally should notify the
Commission of their desire to do so, in writing, no later than [Insert
60 days from the date of publication] with a request to Francis Hart,
Executive Officer, Equal Employment Opportunity Commission, 1801 L
Street, NW., Washington, DC 20507. The request should include a written
summary of the remarks to be offered.
The remainder of this SUPPLEMENTARY INFORMATION section provides
the public with access to the information it will need to comment on
the EEOC proposals. It is organized into three parts--an overview of
the information collection, followed by discussions of the proposed
changes for EEO-1 data on race and ethnicity and proposed changes for
EEO-1 job category data.
Overview of This Information Collection
Collection Title: Employer Information Report (EEO-1).
OMB Number: OMB Number 3046-0007.
Frequency of Report: Annual.
Type of Respondent: Private industry employers with 100 or more
employees and certain Federal Government contractors and first-tier
subcontractors with 50 or more employees.
Description of Affected Public: Private industry employers with 100
or more employees and certain Federal Government contractors and first
tier subcontractors with 50 or more employees.
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Current Proposed
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Reporting Hours................. 402,700........... 644,320
Respondent Cost................. $6.0 million...... $9.7 million.
Federal Cost.................... $1.3 million...... $2.1 million.
Number of Forms................. 1................. 1
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Abstract: Section 709(c) of Title VII of the Civil Rights Act of
1964, as amended (42 U.S.C. 2000e-8(c)), requires employers to make and
keep records relevant to a determination of whether unlawful employment
practices have been or are being committed and to make reports
therefrom as required by the EEOC. Accordingly, the EEOC has issued
regulations set forth in the Code of Federal Regulations, title 29,
chapter XIV, subpart B, Section 1602.7. Employers in the private sector
with 100 or more employees and some Federal contractors with 50 or more
employees have been required to submit EEO-1 reports annually since
1966. The individual reports are confidential. EEO-1 data are used by
EEOC to investigate charges of employment discrimination against
employers in private industry and to provide information about the
employment status of minorities and women. The data are shared with the
Office of Federal Contract Compliance Programs (OFCCP), U.S. Department
of Labor, and several other Federal agencies. Pursuant to section
709(d) of Title VII of the Civil Rights Act of 1964, as amended, EEO-1
data are also shared with eighty-six State and local Fair Employment
Practices Agencies (FEPAs).
Burden Statement: The estimated number of respondents included in
the annual EEO-1 report survey is 45,000 private employers. The
estimated number of establishment-based responses per reporting company
is between 3 and 4 EEO-1 reports annually. The annual number of
responses is approximately 170,000. The proposed form is estimated to
impose 644,320 burden hours annually. It is also estimated that the
total one time implementation burden for the proposed revision for all
reporters will be about 660,000 hours or about $9.9 million. In order
to help reduce survey burden, respondents are encouraged to report data
electronically whenever possible.
[[Page 34967]]
Proposed Changes for EEO-1 Data on Race and Ethnicity
Revised Race/Ethnic Category Definitions
Table 1 below compares the current EEO-1 race/ethnic categories in
the first column, as they have appeared on the EEO-1 since 1977, with
the proposed EEO-1 race/ethnic categories in the second column.
Definitions of the proposed EEO-1 ethnicity and race categories are in
accordance with the 1997 revised standards and are as follows:
Ethnicity
Hispanic or Latino--A person of Cuban, Mexican, Puerto Rican, South
or Central American, or other Spanish culture or origin, regardless of
race.
Race
White--A person having origins in any of the original peoples of
Europe, the Middle East, or North Africa.
Black or African American--A person having origins in any of the
Black racial groups of Africa.
Native Hawaiian or Other Pacific Islander--A person having origins
in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific
Islands.
Asian--A person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent including, for
example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Phillipine Islands, Thailand, and Vietnam.
American Indian or Alaska Native--A person having origins in any of
the original peoples of North and South America (including Central
America), and who maintains tribal affiliation or community attachment.
Two or More Races--All person who identify with more than one of
the above five races
Table 1
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Proposed EEO-1 (Answer for both
Current EEO-1 male and female)
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Hispanic.......................... Hispanic or Latino.
(This category includes all
employees who answe---YES--to the
question--are you Hispanic or
Latino?
Report in the appropriate categories
below all employees who answer--No--
to the question--are you Hispanic
or Latino?
White............................. White not Hispanic or Latino.
(Not of Hispanic origin)..........
Black............................. Black or African American not
(Not of Hispanic origin).......... Hispanic or Latino.
Asian or Pacific Islander......... Native Hawaiian or Other Pacific
Islander not Hispanic or Latino.
Asian not Hispanic or Latino.
American Indian or Alaskan Native. American Indian or Alaska Native not
Hispanic or Latino.
Two or more Races not Hispanic or
Latino.
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Race and Ethnicity Reporting Instructions on the Proposed Revised EEO-1
Race and Ethnic Identification
Self identification is the preferred method of identifying the race
and ethnic information necessary for the EEO-1 report. Employers are
strongly encouraged to rely on employee self-identification to obtain
this information. It self-identification is not feasible, post-
employment records or observer identification may be used to obtain
this information. The following language is suggested for use by
employers when collecting race and ethnicity information from
employees.
Suggested Employee Questionnaire on Race and Ethnicity
Below are two questions, the first is about your ethnicity and the
second about your race. You are to answer both questions. In answering
the second question, you may select one or more races. The summarized
information is reported to the Federal government for civil rights
enforcement and monitoring purposes. For these purposes, if you mark
``Yes, Hispanic or Latino'', your race will not be reported. The
summarized information on race will be reported in the following
categories only:
1. White
2. Black or African American
3. Asian
4. Native Hawaiian or Other Pacific Islander
5. American Indian or Alaska Native
6. Two or More Races
If you select more than one race, you will be reported to the Two
or More Races category. For example, if you select Black and American
Indian or Alaska Native, you will be reported in the Two or More Races
category.
Question 1--Ethnicity
Are our Hispanic or Latino?
------ No, not Hispanic or Latino
------ Yes, Hispanic or Latino: A person of Cuban, Mexican, Puerto
Rican, South or Central American, or other Spanish culture or origin,
regardless of race.
Question 2--Race
What is your race? Select one or more of the following five race
categories.
------ White--A person having origins in any of the original peoples of
Europe, the Middle East, or North Africa.
------ Black or African American--A person having origins in any of the
Black racial groups of Africa.
------ Asian--A person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian Subcontinent, including,
for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
------ Native Hawaiian or Other Pacific Islander--A person having
origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific
Islands.
------ American Indian or Alaska Native--A person having origins in any
of the original peoples of North and South American (including Central
America), and who maintains tribal affiliation or community attachment.
Proposed Changes for EEO-1 Job Category Data
Proposed EEO-1 Job Categories
The Commission is also proposing to modify the current EEO-1 job
categories by: using the detailed 2000 (SOC) job definitions; cross-
classifying them against the 2000 Census Occupational classification
codes; aggregating them according to a skill-based schema; and
[[Page 34968]]
also subdividing the current Officials and Managers category into three
distinct hierarchical sub-categories. The proposed EEO-1 job categories
would continue to be skill-based rather than industry-based.
Consequently, the proposed EEO-1 job categories differ from the 2000
SOC intermediate level aggregation categories and are not comparable.
Please see http://www.eeoc.gov/stats/census/crosswalk.html for a
detailed crosswalk to the proposed EEO-1 job categories.
The Commission is also proposing to include most business and
financial operations occupations in the Officials and Managers category
and to split that category into three levels of responsibility,
allowing for more detailed assessment of the utilization of minorities
and women in these activities. This split would increase the current
number of job categories by two. Table 2 compares the current and the
proposed EEO-1 job categories:
Table 2.--Current and Proposed EEO-1 Job Categories
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Current EEO-1 Proposed EEO-1
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1. Officials and Managers................. 1.1 Executive/Senior Level
Officials and Managers.
1.2 Mid-Level Officials and
Managers.
1.3 Lower-Level Officials
and Managers.
2. Professionals.......................... 2. Professionals.
3. Technicians............................ 3. Technicians.
4. Sales Workers.......................... 4. Sales Workers.
5. Office and Clerical.................... 5. Administrative Support
Workers.
6. Service Workers.
6. Craft Workers (Skilled)................ 7. Craft Workers.
7. Operatives (Semi-skilled).............. 8. Operatives.
8. Laborers (Unskilled)................... 9. Laborers and Helpers.
9. Service Workers........................
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Description of Proposed EEO-1 Job Categories
The proposed EEO-1 job categories are listed below, including a
brief description of the skills and training required for occupations
in that category, examples of the jobs that fit each category and the
ranges of 2000 Census Occupation codes included in the category. Please
see http://www.eeoc.gov/stats/census/crosswalk.html for a detailed
crosswalk. These job categories are primarily based on average skill
levels, knowledge, and responsibility involved in each occupation
within the job category. They are not industry based and thus are not
directly comparable to the 2000 SOC intermediate aggregation levels.
The examples presented below are illustrative and not intended to be
exhaustive of all job titles in a job category.
Executive/Senior Level Officials and Managers. Individuals who
plan, direct and formulate policies, set strategy and provide the
overall direction of companies/organizations for the development and
delivery of products or services at a global or national level, within
the parameters approved by boards of directors or other governing
bodies. Residing in the highest levels of organizations, these
executives plan, direct or coordinate activities with the support of
subordinate executives and staff managers. Examples of these kinds of
managers are: Chief executive officers, chief operating officers, chief
financial officers, line of business heads, presidents or executive
vice presidents of functional areas or operating groups, chief
information officers, chief human resources officers, chief marketing
officers, chief legal officers, management directors and managing
partners. (2000 Census Occupation Codes: 001-010)
Mid-Level Officials and Managers. Individuals who oversee and
direct the delivery of products, services or functions at group,
regional or divisional levels of organizations. They get their
directions from the executive/senior level management. These jobs
include vice president or director. They typically lead departments,
divisions, programs, regional offices or other major business units.
Through subordinate managers and within parameters established by
executive/senior management, they implement policies, processes,
products, services, programs and other directives of executive/senior
management. Examples of these kinds of managers include: group,
regional or divisional controllers; treasurers; human resources;
information systems; marketing; and operations managers. (2000 Census
Occupation Codes: 011-016)
Lower-Level Officials and Managers. Individuals at functional, line
of business segment or branch levels who are responsible for directing
and executing the day-to-day operational objectives of companies/
organizations, directly supervising the activities of exempt and non-
exempt personnel. Reporting to mid-level officials and managers, they
may be first-line managers, team or unit managers. Examples of these
types of managers include: operations and production managers; branch
managers; administrative services managers; purchasing and
transportation managers; storage and distribution managers; call center
or customer service managers; technical support managers; and brand or
product managers. (2000 Census Occupational Codes: 020-043, 050-060,
070-073, 081-095, 470-471, 601, 666, 931)
Professionals. Most jobs in this category require bachelor and
graduate degrees, and/or professional, certification, In some
instances, comparable experience may establish a person's
qualifications. These kinds of positions include: accountants and
auditors; airplane pilots and flight engineers; architects; artists;
chemists; computer programmers; designers; dietitians; editors;
engineers; lawyers; librarians; mathematical scientists; natural
scientists; registered nurses; physical scientists; physicians and
surgeons; social scientists; teachers; surveyors and similar workers
(2000 Census Occupation Codes: 062, 080, 100-153, 160-186, 200-211,
220-243, 255-286, 291-326, 434, 493, 903)
Technicians. Jobs in this category include activities that require
applied scientific skills, usually obtained by bachelor degree
education, although in some instances additional training,
certification, or comparable experience is required. These types of
positions include: drafters; emergency medical technicians; dental
hygienists; and licensed vocational nurses. (2000 Census Occupation
Codes: 154-156, 190-196, 290, 300-354, 904)
Sales Workers. These jobs include non-managerical activities that
wholly and primarily involve direct sales. These types of positions:
include: advertising sales agents; insurance sales agents; real estate
brokers and sales agents; wholesale and retail sales agents;
securities, commodities, and financial services sales agents; personal
financial advisors; telemarketers; demonstrators; retail sales workers;
counter and rental clerks; and cashiers. (2000 Census Occupation Codes:
470-492, 494-496)
Administrative Support Workers. These jobs involve non-managerial
tasks providing administrative and support assistance, primarily in
office settings. These types of positions include: office and
administrative support workers; bookkeepers; accounting and auditing
clerks; cargo and freight agents; dispatchers; couriers; data entry
keyers; computer operators; shipping receiving and traffic clerks; word
processors and typists; proofreaders; desktop publishers; and general
office clerks. (2000 Census Occupation Codes: 214-215, 244-254, 500-
593)
[[Page 34969]]
Service Workers. This overall category includes four subcategories,
covering food service, cleaning service, personal service, and
protective service activities. Skill may be acquired through formal
training, job-related training or direct experience. Food service
positions include: cooks, bartenders and other food service workers.
Personal service positions include: medical assistants and other
healthcare support positions; hairdressers; ushers; and transportation
attendants. Cleaning service positions include: cleaners, janitors, and
porters. The protective service worker subcategory includes: transit
and railroad police and fire fighters; guards; private detectives; and
investigators. (2000 Census Occupation Codes: 360-420, 422-224, 430-
432, 440-465)
Craft Workers. This category includes higher skilled occupations in
construction (building trades craft workers and their formal
apprentices) and natural resource extraction workers. Examples include:
boilermakers; brick and stone masons; carpenters; electricians;
painters (both construction and maintenance); glazers, pipe-layers;
pipe-fitters and plumbers; plasterers; roofers; elevator installers;
earth-drillers; derrick operators, oil and gas rotary drill operators;
and blasters and explosive workers. Also includes occupations related
to the installation, maintenance and part-replacement of equipment,
machines and tools, such as automotive mechanics; aircraft mechanics,
electric and electronic equipment repairers. This category also
contains some production occupations that are distinguished by the high
degree of skill and precision required to perform them, based on
clearly-defined task specifications, such as millwrights; etchers and
engravers; tool and die makers; and pattern makers. (2000 Census
Occupation Codes: 620-625, 630-653, 670-674, 676-756, 762-770, 774,
803, 806, 813, 816, 823, 825, 833, 835, 845, 850-851, 855-862, 875-876,
891, 951-952)
Operatives. This category includes intermediate skilled occupations
and includes workers who operate machines or factory-related processing
equipment. Most of these occupations do not usually require more than
several months of training. Examples include: textile machine workers;
laundry and dry cleaning workers; milliners; photographic process
workers; weaving machine operators; electrical and electronic equipment
assemblers; semiconductor processors; testers and graders; bakers; and
butchers or other meat, poultry or fish-processing workers. Also
includes occupations of generally intermediate skill levels that are
concerned with operating and controlling equipment to facilitate the
movement of people or materials, such as: bridge and lock tenders;
truck, bus or taxi driver; industrial truck and tractor (forklift)
operators; parking lot attendants; sailors; conveyor operators; and
hand-packers and packagers. (2000 Census Occupation Codes: 604, 771-
773, 775-801, 804, 810, 814-815, 820-822, 824, 826-832, 834, 836-842,
846, 853-854, 863-874, 880-886, 892-894, 896, 900, 912-930, 933-935,
941-942, 956-960, 964-965, 975)
Laborers and Helpers. This category includes workers with more
limited skills who require only brief training to perform tasks that
require little or no independent judgment. Examples include: production
and construction worker helpers; vehicle and equipment cleaners;
laborers; freight, stock and material movers; service station
attendants; construction laborers, refuse and recyclable materials
collectors; septic tank servicers; and sewer pipe cleaners. (2000
Census Occupation Codes: 421, 425, 435, 600, 605-613, 626, 660, 675,
761, 895, 936, 961-963, 972)
Dated: June 4, 2003.
For the Commission.
Cari M. Dominguez,
Chair.
[FR Doc. 03-14739 Filed 6-10-03; 8:45 am]
BILLING CODE 6570-01-M