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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.
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.
OMB requires five minimum categories: White, Black or African American, American Indian or Alaska Native, Asian, and Native Hawaiian or Other Pacific Islander.
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.
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.
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.
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.
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.
Categorizing Race and EthnicityWhite.Black or African American.American Indian or Alaska Native.Asian.Native Hawaiian or Other Pacific Islander.04-Aug-2021
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.