paraphrase In some instances, employers are required to maintain information about the diversity of its workforce. Specifically, all employers who employ 100 or more individuals are p. 242required to complete an EEO-1 survey, which is a government form requiring a count of the employees by job category and then by ethnicity, race, and gender.80 Employers have a legal obligation to collect this information and to comply with this requirement. However, to avoid potential liability for discriminatory conduct, employers should ensure that the information is collected outside the context of the recruiting process and that any information gathered is not considered when making decisions about other terms and conditions of employment