In comments filed with the EEOC, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, urged the commission to clarify that its proposed rescission of the EEO-1 would not prohibit employers from collecting and analyzing demographic information to monitor their compliance with nondiscrimination laws.
The Employer Information (EEO-1) Report requires covered employers to send workforce demographic data by job category, sex, and race/ethnicity to the Equal Employment Opportunity Commission. The EEOC expressed concern that EEO-1 reporting may encourage employers to discriminate against non-minority employees.
Collecting and analyzing aggregate demographic data can help employers to identify patterns requiring further review, test whether policies operate as intended, and help correct possible violations before they result in charges. Without reliable self-identification data, enforcement agencies and litigants have inferred demographic characteristics from less accurate and transparent methods such as photographs, names, and geography.
CWC cautioned that voluntary self-identification data, although imperfect, generally provide a better basis for compliance reviews. It urged the EEOC to issue clear guidance to help employers continue these lawful efforts if it goes through with rescinding the federal reporting framework. Click here to read more.