29 C.F.R. § 1602.13
Records as to racial or ethnic identity of employees
Employers may acquire the information necessary for completion of items 5 and 6 of Report EEO-1 either by visual surveys of the work force, or at their option, by the maintenance of post-employment records as to the identity of employees where the same is permitted by State law. In the latter case, however, the Commission recommends the maintenance of a permanent record as to the racial or ethnic identity of an individual for purpose of completing the report form only where the employer keeps such records separately from the employee's basic personnel form or other records available to those responsible for personnel decisions, e.g., as part of an automatic data processing system in the payroll department.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2008–2023 · leading case: Paul Ossmann v. Meredith Corp., 82 F.4th 1007 (11th Cir. 2023).
Paul Ossmann v. Meredith Corp., 82 F.4th 1007 (11th Cir. 2023). “29 C.F.R. § 1602.13 (emphasis added); see also United States Equal Employment Opportunity Commission, 2021 EEO-1 Component 1 Data Collection Instruction Booklet, Appendix D (“If an employee declines to self-identify their race and/or ethnicity, employment records or observer…”
Eduardo Padilla v. North Broward Hosp. Dist., 270 F. App'x 966 (11th Cir. 2008). “He also alleged that the District violated reporting requirements under 29 C.F.R. § 1602.13 1 by collecting information on his ethnicity.”
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