The U.S. Equal Employment Opportunity Commission

Public Hearing of October 29, 2003 on Proposed Revised Employer Information Report (EEO-1)

Remarks from
The National Industry Liaison Group

Dear Ms. Hart:

The National Industry Liaison Group (NILG) appreciates the opportunity to present the NILGís views concerning the proposed changes to the Employer Information Report (EEO-1) at the October 29, 2003 Public Hearing regarding same. As requested by the Equal Employment Opportunity Commissionís (EEOC) September 24, 2003 Notice of Public Hearing, we have provided below a statement of our anticipated remarks at the Public Hearing.

Our Assessment of the Proposed Changes to the EEO-1 Job Category Data

Our Feedback regarding the proposed linkage of EEO-1 categories to census occupational codes

Our Evaluation of whether the proposed collection of information is necessary for the proper performance of the EEOCís functions, including whether the information will have practical utility

Our Evaluation of the accuracy of the EEOCís estimate of the burden of the proposed collection of information

  1. According to the EEOCís Notice of Proposed Revisions, 45,000 private employers respond annually to the EEO-1 report survey. The EEOC estimates that the total, one time implementation burden for the proposed revisions will be appropriately 660,000 hours, resulting in an average burden estimate per employer of 14.7 hours. We believe this significantly underestimates the likely burden for employers, in view of the substantial resources needed to accomplish the following:
    1. re-survey the existing workforce to incorporate the new ethnicity and race categories; (we suggest that the EEOC provides sample language for employers to use that helps explain to their employees why this recollection of demographic data is necessary)
    2. design and incorporate changes in HRIS systems;
    3. train human resource and information technology staff regarding the proposed changes; and
    4. compile, proof, and finalize for the first time the responses to the substantially redesigned EEO-1 report.
  2. We believe the EEOC most likely overestimates the increased annual burden to prepare the EEO-1 report after employers have completed their one time implementation of the proposed changes. The EEOC estimates total current burden hours for all employers annually of 402,700. The EEOC new total hours estimate for all employers annually is 644,320. This results in a 59.6% increase over the current estimation. Once employers have completed their design and implementation (over the course of several years) of the proposed changes, we do not expect that the burden will be significantly greater than it is now. Once the EEOC issues the Final Ruling regarding these proposed changes, employers should be allowed a minimum of two (2) years to implement. Thus, the EEOC should not require employers to implement the proposed changes earlier than the 2005 reporting cycle.

Our Assessment of Whether the Proposed Changes Enhance the quality, utility, and clarity of the information to be collected

Our Assessment of Whether the Proposed Changes 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

Our Concerns Regarding Possible Inconsistencies between the EEOCís Proposed Changes and the Record-keeping and Reporting Obligations Imposed by Other Federal EEO Enforcement Agencies

Mickey Silberman, Es q., the NILG Board of Advisorís Counsel, will provide our views orally at the Public Hearing. Please do not hesitate to contact us if you have any questions. You may contact Mickey Silberman at telephone number (516) 364-0404, fax number (516) 364-0466 or e-mail address silbermm@jacksonlewis.com

Respectfully submitted,
The National Industry Liaison Group


This page was last modified on November 3, 2003.

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