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By its nature, demographic information is personal and employees may or may not feel comfortable sharing it. This is less of an issue for confidential surveys, where employee data can be attributed to participants but remains confidential.
Some demographic information is legally protected, so make sure you or your organization's attorneys know what you can share and with whom. It's also important that you share the details about your privacy policy upfront with your users.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or
The employer is subject to certain governmental recordkeeping and reporting requirements for the administration of civil rights laws and regulations. In order to comply with these laws, the employer invites employees to voluntarily self-identify their race and ethnicity.
Asking about your race, therefore, is not illegal. The reason most employers shy away from even discussing race, however, is that they do not want to be accused of using information relating to an employee's race as a reason for any employment decision.
Federal law does not prohibit employers from asking you about your national origin. However, because such questions may indicate a possible intent to discriminate based on national origin, we recommend that employers ensure that they ask about national origin only for a lawful purpose.
While some employers are required to track demographic information on applicants and employees, it is a recommended practice for all employers to protect against unlawful discrimination claims and to monitor diversity efforts.
In other words, EEO forbids employment discrimination. It requires the elimination of any bias in personnel activities. Affirmative action is a set of specific, results-oriented programs and activities designed to correct underutilization of minorities and women in the workplace.
In terms of the race and ethnicity component, the EEO-1 report lists the following categories: (1) Hispanic or Latino, (2) White, (3) Black or African American, (4) Native Hawaiian or Pacific Islander, (5) Asian, (6) Native American or Alaska Native, and (7) Two or More Races.
EEO is giving everyone the same opportunity to thrive, while affirmative action is actively supporting those who've been consistently deprived of fair and equal treatment.