Overview: The EEOC requires employers with 100 or more employees to comply with the EEOC's annual reporting requirements.
Most employers are covered and required to report even though there are some exemptions, i.e., state and local governments, school systems etc. Employers with 100 or more employees must annually submit an EEO-1 Report in September.
The EEO-1 Report requires that employers provide information about the gender and ethnic breakdown of the workforce as it pertains to numerous job categories as well as the employer's location and business purpose.
The EEOC provides documentation on its website to assist employers in classifying their workforce.
Trends: In recent years the EEO-1 Report has been changed to reflecting a changing demographic in the United States.
A new category entitled "Two or more races" has been added; "Asian and Pacific Islanders" has been made into two separate categories entitled "Asian" and "Native Hawaiian or other Pacific Islander"; "Black" has been revised to "Black or African American"; and "Hispanic" has been renamed "Hispanic or Latino".
The EEOC supports employees self identifying rather than having the employer visually identify an individual's race and/or ethnicity.
Author: Beth P. Zoller, JD, Legal Editor
On January 28, 2013, the Equal Employment Opportunity Commission (EEOC) released fiscal year 2012 statistics on employment discrimination charges filed with the agency. Retaliation (37,836) was the most frequently filed claim, followed by race discrimination (33,512) and sex discrimination (30,356), which includes sexual harassment and pregnancy discrimination. Retaliation charges remain a top concern for employers and have since 2010, accounting for 38.1% of all charges in 2012.
Mediation is an informal dispute resolution process in which the parties to a dispute meet with a neutral mediator, who helps the parties reach an agreement to settle their conflict. This section assists HR professionals in understanding the mediation process, when employers may participate in the mediation process, negotiation techniques and settlement agreements.
Not all employers are legally required to have a written Affirmative Action Plan, unless they are under a court-imposed order. However, any employer that receives monies from the federal government is most likely obligated to undertake affirmative action efforts and therefore to have a written AAP in place.
Affirmative action theory holds that qualified individuals should have an opportunity to attain success, even if that means that federal contractors must undertake special efforts. However, affirmative action planning must not step over the line into illegal discrimination against others. This section highlights the legal complexities of affirmative action, including the Supreme Court's holdings over the years.