Frequently Asked Questions

About the EEO-3 Report

 

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What is the EEO-3 Report?

What is the EEO-3 Report?

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.

Filing Deadline

When is the 2020 EEO-3 filing deadline?

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.

Confidentiality

Is EEO-3 data confidential?

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.

Which Local Unions Must File?

Which local unions are required to file the EEO-3?

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.

What are the specific eligibility requirements for filing the EEO-3 Report?

The below eligibility questions 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 can skip Schedule I and proceed to the certification portion of the EEO-3 Report.

What are the relevant reporting time periods (i.e., for counting members) for the 2020 EEO-3 data collection?

The relevant reporting time periods for the 2020 EEO-3 data collection 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.

Preparing to File

 

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Statistics included in the EEO-3 Report

What statistics (i.e., data) must local referral unions provide in their 2020 EEO-3 Report?


Local referral unions must provide data (i.e., statistics) on its 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 Referral: 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.
How to Classify Members, Applicants, and Referrals into Categories

How do local referral unions determine a member’s, applicant’s, or referral’s race and/or ethnicity?

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):

    “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.

What if members, applicants, and referrals decline to self-identify their race and/or ethnicity?

Self-identification is the preferred method of identifying race and ethnicity information necessary for the EEO-3 Report. 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.

What are the Race and Ethnicity Categories to be used for the 2020 EEO-3 Report?

For the purposes of this report, the following race and ethnicity categories must be used:

  • Hispanic or Latino
  • White (Not Hispanic or Latino)
  • Black or African American (Not Hispanic or Latino)
  • Asian (Not Hispanic or Latino)
  • Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino)
  • American Indian or Alaska Native (Not Hispanic or Latino)
  • Two or More Races (Not Hispanic or Latino)

See the EEO-3 Instruction Booklet for race and ethnicity category descriptions.

Our local referral union is now collecting gender beyond the male/female binary. We would like to report this for the 2020 EEO-3 data collection. How do we report this data?

Local referral unions may choose to report non-binary gender counts for members, applicants, and referrals by membership and referral status and race/ethnicity in the comment box on the Certification Page within the EEO-3 Online Filing System. Please preface this data with the phrase “Additional Membership/Referral Data:”. For example, “Additional Membership/Referral Data: 1 non-binary gender member in “Members” category; Race/Ethnicity: White (Not Hispanic or Latino). 3 non-binary gender applicants in “Applicants for Referral” category; Race/Ethnicity: Applicant 1 – Black or African American (Not Hispanic or Latino), Applicant 2 – Hispanic or Latino, Applicant 3 – Two or More Races (Not Hispanic or Latino).”

Getting Started

 

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How Do I File?

What are the options for submitting the 2020 EEO-3 Report?

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.

Local Unions/Local Referral Unions Filing for the First Time

If a local union/local referral union has never filed an EEO-3 Report before, how can the local union/local referral union get started?

Visit EEOCdata.org/eeo3, navigate to the registration page and follow the online instructions. After submitting the registration form filers will be provided with a Registration ID and PIN. File using the Registration ID and PIN that is provided.

If a local union/local referral union is required to file the EEO-3 Report for the first time, how does a filer obtain an EEO-3 Registration ID and PIN?

Visit EEOCdata.org/eeo3, navigate to the registration page, and follow the online instructions for local unions filing for the first time. After submitting the registration form, a filer will receive a Registration ID and PIN.

If I am a newly eligible local referral union and registered online but didn't receive a Registration ID number and PIN on the screen, do I need to register again?

No. After registering an account, filers should be able to log in to the account using the username (email address) and the user account password created in the registration and account creation process. After logging into the EEO-3 Online Filing System, filers can access their Registration ID and also invite others to create accounts under your local union by adding additional contacts.

Local Unions/Local Referral Unions That Have Filed Before

How can a filer access a local union/local referral union’s database to begin submitting the 2020 EEO-3 Report?

All filers will need to create a new user account in 2021 using the Registration ID and PIN included in the notification letter. This letter will be mailed to filers in mid-August 2021. If the local union/local referral union filed previously and has not received their Registration ID and PIN, please use filer support page ‘Contact Us’ form to contact the EEO-3 Filer Support Team.

Once the user account is linked to a local union/local referral union, the filer will be able to access the local union’s profile and file the EEO-3 Report via the EEO-3 Online Filing System.

How does a filer correct or update a local union/local referral union’s address for filing the 2020 EEO-3?

Log into the EEO-3 Online Filing System and navigate to your Local Union/Local Referral Union Dashboard and update the information under “Confirm Local Union Information and Contacts.”

How can a local union/local referral union update a point of contact(s) for the 2020 EEO-3 data collection?

Contact the EEO-3 Filer Support Team to submit the local union/local referral union’s updated contact information. This request must be submitted by an authorized official who is currently a point of contact or include a letter in electronic PDF format on the local union/local referral union letterhead from an authorized official identifying the new contacts.

How can a local union/local referral union view prior year reports?

If a local union/local referral union has filed in the past, the 2018 EEO-3 Reports are available in the EEO-3 Online Filing System. From the Dashboard, click on Historic Data (Prior EEO-3 Reports) to download prior year reports.

Are local unions/local referral unions able to correct information provided in prior year reports?

No. Local unions/local referral unions are not able to correct, or update information reported in prior year reports (e.g., 2018 EEO-3 Reports).

Are local unions/local referral unions able to file previous year reports?

No. Once the reporting year’s data collection has closed, no additional reports can be filed. For example, the 2018 EEO-3 data collection has closed, and no further reports are being accepted.

Account and Log-in Information

How can a filer create an account?

Each user will be able to create a unique user account during the registration process. This will be a new account specifically for the 2020 EEO-3 Report. Once the user account is created, authorized staff can use the Registration ID and PIN provided in the advance notification letter to link the local union/local referral union to their account.

What should a filer do if a local union/local referral union did not receive (or cannot locate) the advance notification letter that includes the Registration ID and PIN?

The letters will be mailed in mid-August 2021. If a local union/local referral union did not receive the letter by the beginning of September and the local union/local referral union filed previously, please use the filer support page ‘Contact Us’ form to contact the EEO-3 Filer Support Team. It may be necessary to update the contact information. It will be necessary to verify that the caller is authorized to receive this information. The caller must be an existing point of contact in our records or must provide a letter on local union/local referral union letterhead in electronic PDF format, signed by an authorized representative authorizing filer access.

The local union/local referral union point of contact has changed since the last data collection. How does the local union update a point of contact?

Please use EEO-3 filer support page ‘Contact Us’ form to submit updated contact information. In the request, please send the following information:

  1. Local Union/Local Referral Union name
  2. New Contact Name
  3. New Contact Email
  4. New Contact Phone Number
  5. Whether this replaces or adds to existing contacts
  6. New Mailing Address (if applicable)

Can local unions include more than one point of contact to receive all communications?

Yes. Local unions/local referral unions can include more than one person as the point of contact. Local unions/local referral unions can also add additional contacts.

Data Submission

 

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EEO-3 Online Filing System

How do filers save entries within the EEO-3 Online Filing System?

As filers move from one screen to another, the EEO-3 Online Filing System saves filer progress. Please select ‘Save and Continue Later’ at the bottom of the screen before navigating away from the EEO-3 Online Filing System. There is no need to select this option on every screen, just on the final screen before leaving the EEO-3 Online Filing System. After selecting ‘Save and Continue Later’, filers can close the browser and return another day to finish.

How can filers print an EEO-3 Report for their records?

After certification, filers may print the report by selecting ‘Report’ in the Local Union/Local Referral Union Dashboard in the EEO-3 Online Filing System.

How does the filing system indicate filers are finished?

As filers complete each step of the process on the Local Union/Local Referral Union Dashboard, each step will change from ‘Active’ to ‘Complete’. After the ‘File EEO-3 Report’ is shown as “Complete,” the ‘Review EEO-3 Reports’ and the ‘Certify EEO-3 Reports’ steps will become ‘Active.’ Reviewing reports is not required but is encouraged to prevent errors. When the ‘Certify EEO-3 Reports’ step is ‘Active’, select that step to complete the certification process. Filers will then proceed to a screen to enter Certifying Official information and certify the Report. Filers will receive an email indicating that the EEO-3 Report was certified.

Certification

What happens if a filer does not complete the Certify EEO-3 Report step?

If a filer fails to complete the certify EEO-3 Report step within the EEO-3 Online Filing System, the status of the local union/local referral union’s filing will be considered incomplete by the EEOC. If the local union/local referral union’s submission is not certified by the filing deadline, the EEOC will send the local union/local referral union a notification of Failure to File letter. This letter will request that the local union certify its data in order to complete its required filing.

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