[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.

------------------------------------------------------------------------
                                        Current            Proposed
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                      Proposed EEO-1  (Answer for both
           Current EEO-1                      male and female)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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
------------------------------------------------------------------------
               Current EEO-1                       Proposed EEO-1
------------------------------------------------------------------------
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........................
------------------------------------------------------------------------

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