EEO-3 Instruction Booklet

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
COLLECTION OF 2020 EEO-3 DATA

Local Union Report (EEO-3)
EEOC Form 274

Instruction Booklet

Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), requires labor organizations to make and keep records relevant to a determination of whether unlawful employment practices have been or are being committed, to preserve such records, and to produce reports as the Commission prescribes by regulation or order. Accordingly, the Equal Employment Opportunity Commission (EEOC) has issued regulations, 29 CFR 1602.22 and 1602.27-.28, prescribing the reporting and related record retention requirements for various kinds of labor organizations. 29 CFR 1602.22 requires every local union to retain the most recent report filed, and 29 CFR 1602.27-.28 require filers to make records necessary for completion of the EEO-3 and preserve them for a year (or if a charge of discrimination is filed, relevant records must be retained until final disposition of the matter).

Summary Information

 

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1. WHO MUST FILE

The Local Union Report (EEO-3), EEOC Form 274, also referred to as the EEO-3 Report, is a mandatory biennial data collection that requires local unions, specifically local referral unions with 100 or more members, to submit demographic workforce data including membership, applicant, and referral information by race/ethnicity and sex. The filing by eligible local unions is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), 29 CFR 1602.22 and 27-.28.

“Referral” union is a term which describes unions under whose normal methods of operation individuals customarily and regularly seek or gain employment through the union or an agent of the union.

For the purposes of this report, a local union will be considered a local referral union only if it:

  1. Operates a hiring hall or hiring office (in its own behalf or through a joint council or other referral agent), or
  2. Has an arrangement under which one or more employers are required to consider or hire persons referred by the local union or its agent, or
  3. Has 10 percent or more of its members employed by employers which customarily and regularly look to the local union, or any agent of the local union, for employees to be hired on a casual or temporary basis, for a specified period of time, or for the duration of a specified job.

The local union will not be considered a local referral union where there are only occasional referrals to an employer who relies on sources other than the local union, or an agent of the local union, for a substantial portion of all hires. For example, a local union representative in an industrial plant who occasionally recommends persons for a job at the employer’s request would not in itself result in the classification of that local union as a local referral union.

Only local unions located in the 50 States and the District of Columbia, excluding Hawaii, should be reported. No reports should be filed for local unions in Puerto Rico, the Virgin Islands, and other American protectorates. However, reports are required for local union members regularly employed within the 50 states and the District of Columbia, except Hawaii, by foreign-owned companies.

2. HOW TO FILE

EEO-3 reporting is an electronic, online application. The EEOC requires that EEO-3 Reports be submitted via the new EEO-3 Online Filing System at https://EEOCdata.org/eeo3. Data can be entered directly into the online application through the EEO-3 Online Filing System. Filers can begin submitting data for the 2020 EEO-3 data collection through the EEO-3 Online Filing System on Tuesday, August 24, 2021.

3. WHEN TO FILE

The 2020 EEO-3 data collection will open on Tuesday, August 24, 2021. The EEO-3 Report for calendar year 2020 must be filed no later than Monday, November 1, 2021. This filing deadline date is posted on the EEOC’s dedicated website for the EEO-3 data collection at https://EEOCdata.org/eeo3, and on the EEOC’s public website at www.eeoc.gov.

4. CONFIDENTIALITY

All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(e), as amended (Title VII) and may not be made public by the EEOC prior to the institution of any proceeding under Title VII involving the EEO-3 data. Any EEOC employee who violates this prohibition may be found guilty of a criminal misdemeanor and could be fined or imprisoned. The confidentiality requirements allow the EEOC to publish only aggregated data, and only in a manner that does not identify any particular local referral union or reveal any individual member’s personal information.

5. EXEMPTION FROM REPORTING REQUIREMENTS

Pursuant to 29 CFR § 1602.25, if a local union or local referral union claims that the preparation or filing of the report would create an undue hardship, the local union or local referral union may apply to the Commission for an exemption. Local unions and local referral unions must submit requests in writing to EEO3FilerSupport@EEOCdata.org. Requests for special reporting procedures or alternative reporting under 29 CFR § 1602.25 should also be submitted to the Commission in writing to EEO3FilerSupport@EEOCdata.org. Requests under 29 CFR § 1602.25 should be submitted to the Commission prior to the filing deadline for the report. For the 2020 EEO-3 data collection, the filing deadline is Monday, November 1, 2021.

6. BURDEN ESTIMATE

Comments regarding this collection of information, including suggestions for reducing burden, can be sent at any time to: EEO3Filersupport@EEOCdata.org and:

Paperwork Reduction Act (3046-0006)
Office of Management and Budget
Washington, DC 20503

The full text of the OMB regulations on the Paperwork Reduction Act (PRA) may be found at 5 CFR Part 1320.

7. INSTRUCTIONS FOR FILING EEO-3 REPORTS

A. TYPE OF REPORT

The EEO-3 is a biennial report requiring local unions to provide certain union identification and eligibility information to the EEOC. The EEO-3 further requires eligible local referral unions to provide summary demographic workforce data including race/ethnicity and sex broken down by membership, applicant, and referral information. The relevant reporting time periods for the 2020 EEO-3 Report include the following:

  1. 100 or More Members: Whether the local union had 100 or more members at any time since December 31st of the preceding year (i.e., 2019). For the 2020 EEO-3 Report, it would be any time between December 31, 2019 and December 31, 2020.
  2. Workforce Data for Local Referral Unions: Eligible local referral unions must also provide summary demographic workforce data for the 2020 EEO-3 Report. For membership information in the referral unit, including applicants for membership during the “past year,” local referral unions should use the period December 31, 2019 through December 31, 2020.

    The 2020 EEO-3 Report also requests demographic workforce data on referrals by the local referral union during a two-month period. For purposes of the 2020 EEO-3 Report, the local referral union must provide data selected from any consecutive two-month period between August 1st and November 30th of the reporting year (i.e., 2020). For example, the local referral union may provide data from a consecutive two-month period that includes September 1, 2020 through October 31, 2020. However, the local referral union cannot provide two months of non-consecutive data from, for example, the periods August 1, 2020 through August 31, 2020 and October 1, 2020 through October 31, 2020.

B. DATA TO BE REPORTED

IDENTIFICATION

A. Local Union Identification

Under this section the filer must include the full name of the local union, including local number if any, for which the report is being filed. The filer must also include the mailing address where official mail should be sent to the local union as well as the local union’s office address if different from the mailing address.

Filers must also indicate the type of local union report (i.e., report filed by local union in its own behalf or other). Additionally, filers must indicate whether the local union is affiliated with or chartered by a national or international union or national federation and provide the name and address of any such organization. Filers are also required to answer whether the local union is affiliated with the AFL-CIO (American Federation of Labor & Congress of Industrial Organizations).

B. Local Unions Required to File

This section contains a series of eligibility questions that determine whether the local union must complete the entire EEO-3 Report, including the Schedule I – Membership, Applicant and Referral Information section. These eligibility questions include the following:

  1. Has the local union had 100 or more members at any time since December 31st of the preceding year (i.e., 2019)? For the 2020 EEO-3 Report, it would be any time between December 31, 2019 and December 31, 2020.
  2. Does the local union, or any unit, division, or agent of the local union, or any labor organization which performs, within a specific jurisdiction, the functions ordinarily performed by a local union, whether or not it is so designated:
    1. Operate a hiring hall or hiring office?
    2. Has an arrangement under which one or more employers are required to consider or hire persons referred by the local union or an agent of the local union?
    3. Have 10 percent or more of its members employed by employers which customarily and regularly look to the union, or any agent of the union, for employees to be hired on a casual or temporary basis, for a specified period of time, or for the duration of a specified job?

The local referral union must complete the entire EEO-3 Report, including the Schedule I – Membership, Applicant and Referral Information section, if it answered “Yes” to eligibility question (1) above AND answered “Yes” to any of the sub-questions under question (2) above (i.e., (2)(a), (2)(b) or (2)(c)).

The local union is not required to complete the Schedule I – Membership, Applicant and Referral Information section if it answered “No” to question (1) above, OR it answered “No” to all three sub-questions under question (2) above. If the local union answered “No” to these questions, it should skip Schedule I and proceed to the certification portion of the EEO-3 Report.

The local referral union must complete the Schedule I – Membership, Applicant and Referral Information section, if it answered “Yes” to eligibility question (1) above AND answered “Yes” to any of the sub-questions under question (2) above (i.e., (2)(a), (2)(b) or (2)(c)).

Schedule I requires local referral unions to provide information by race/ethnicity and sex for members and persons referred for jobs. It also requests information about applicants for membership and applicants for referral.

It is recognized that under a variety of referral arrangements in existence throughout the United States, as in the case where referral for employment is requested or made by telephone, it may be difficult for the local referral union to compile the data requested on individuals. However, within the particular framework of its own operation, the local referral union will be expected to establish and maintain a recordkeeping system that will enable it to report, for the requested consecutive two-month period, the information called for under referrals in 2(b) below. In many instances, a daily tally of the race/ethnicity and sex of persons referred will be sufficient. In other cases, individual records may be made through self-identification procedures described below.

Where referral of persons is handled by an agent of the local referral union, or under a joint arrangement with other local referral unions (representing the same or different crafts or trades), it is the responsibility of the reporting union to see to it that the agent compiles the information necessary for the requested demographic workforce data. The definition of a labor organization under Title VII makes it clear that “agents” of a local referral union are covered by the law and therefore are equally subject to the reporting and recordkeeping regulations adopted under it.

  1. Method of Identification

    This sub-section requests the method of identification for the information provided under the statistics sub-section of Schedule I – Membership, Applicant and Referral Information. Specifically, it requests information as to how race/ethnicity and sex were obtained for purposes of the statistics provided under Schedule I. See Appendix 1 below for the race/ethnicity categories to be used for purposes of EEO-3 reporting.Self-identification is the preferred method of identifying the race/ethnicity information necessary for the EEO-3 Report. Local referral unions are required to attempt to allow members, applicants, and referrals to use self-identification to complete the EEO-3 Report.

    As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-3 Report are:
    1. Offer members, applicants, and referrals the opportunity to self-identify.
    2. Provide a statement about the voluntary nature of this inquiry. For example, language such as the following may be used (local referral unions may adapt this language):
  2. “The local referral union 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 local union invites members, applicants, and referrals to voluntarily self-identify their race/ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual.”

    If a member, applicant, or referral declines to self-identify his or her race/ethnicity, personnel records or observer identification may be used. Where records are maintained, it is recommended that they be kept separately from the basic files on members, applicants, and referrals, or other records available to those responsible for personnel decisions.

  3. Statistics

    This sub-section requests data (i.e., statistics) on the local referral union’s members, applicants, and referrals by race/ethnicity and sex.
    1. Membership in Referral Unit
      1. Members: For membership information in the referral unit, local referral unions should use any time since December 31st of the preceding year (i.e., 2019). For the 2020 EEO-3 Report, it would be any time between December 31, 2019 and December 31, 2020.
      2. Applicants for Membership during the Past Year: For information regarding applicants for membership during the “past year,” local referral unions should use any time since December 31st of the preceding year (i.e., 2019). For the 2020 EEO-3 Report, it would be any time between December 31, 2019 and December 31, 2020.
    2. Referrals during Two-Month Period

      The 2020 EEO-3 Report requests demographic workforce data on referrals by the local referral union during a two-month period. For purposes of the 2020 EEO-3 Report, the local referral union must provide data selected from any consecutive two-month period between August 1st and November 30th of the reporting year (i.e., 2020). For example, the local referral union may provide data from a consecutive two-month period from September 1, 2020 through October 31, 2020. However, the local referral union cannot provide two months of non-consecutive data from, for example, the periods August 1, 2020 through August 31, 2020 and October 1, 2020 and October 31, 2020.
      1. Number of Persons Referred: The local referral union must enter the number of individual persons referred to a job during the selected consecutive two-month period between August 1, 2020 and November 30, 2020.
      2. Number of Referrals: The local referral union must enter the number of referrals that the persons identified in 2(b)(1) above (i.e., “Number of Persons Referred”) were sent out (i.e., referred) during the selected consecutive two-month period between August 1, 2020 and November 30, 2020. If a member is sent out (i.e., referred) more than one time during the selected two-month period, the total number of these referrals must be included in 2(b)(2) (i.e., “Number of Referrals”).
      3. Applicants for Referrals: The local referral union must enter the number of persons who were applicants for referral during the selected consecutive two-month period between August 1, 2020 and November 30, 2020.
  4. Dates of Selected Two-Month Referral Period

    The local referral union must enter the dates of the selected consecutive two-month period between August 1, 2020 and November 30, 2020 that was used for the information provided under “b” above (i.e., “Referrals during Two-Month Period). For example, if a local referral union picked a consecutive two-month period between September 1st and October 31st, 2020, the dates would be reported as follows: September 1, 2020 to October 31, 2020.
8. CERTIFICATION

For the EEO-3 Report, local referral unions, as well as local unions not required to provide demographic workforce data, must certify their respective EEO-3 filings. Under the certification section of the EEO-3 Report, the certifying official must provide their name and title as well as contact information including telephone number, email address and union office address. Once this information is provided, the certifying official is required to check the box on the certification screen within the EEO-3 Online Filing System certifying that the information in the report is true and complete to the best of their knowledge and belief and was prepared in accordance with the instructions.

Appendix 1. DEFINITIONS OF RACE/ETHNICITY CATEGORIES

 

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DEFINITIONS OF RACE/ETHNICITY CATEGORIES:

Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.

White (Not Hispanic or Latino) - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Black or African American (Not Hispanic or Latino) - A person having origins in any of the black racial groups of Africa.

Asian (Not Hispanic or Latino) - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

American Indian or Alaska Native (Not Hispanic or Latino) - A person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.

Two or More Races (Not Hispanic or Latino) - All persons who identify with more than one of the above five races (White, Black or African American, Asian, Native Hawaiian or Other Pacific Islander, American Indian or Alaska Native).

Race and ethnicity designations as used by the Equal Employment Opportunity Commission for the EEO-3 Report do not denote scientific definitions of anthropological origins. In addition, such designations do not control who is protected by Title VII prohibitions against employment discrimination based on race or national origin.

Instructions for assigning members, applicants, and referrals into the race/ethnicity categories:

Hispanic or Latino - Include all members, applicants, and referrals who answer “YES” to the question, “Are you Hispanic or Latino?” in the appropriate category for both males and females as indicated.

White (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify as White and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

Black or African American (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify as Black or African American and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

Asian (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify as Asian and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify as Native Hawaiian or Other Pacific Islander and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

American Indian or Alaska Native (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify as American Indian or Alaska Native and no other race, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

Two or More Races (Not Hispanic or Latino) - Include all members, applicants, and referrals who identify with more than one of the above five races, and who did not answer “YES” to the question “Are you Hispanic or Latino?” for both males and females as indicated in the appropriate category.

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