Instruction Booklet

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
COLLECTION OF 2022 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 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 29 CFR 1602.27-.28.

“Referral union” is a term which describes unions under whose normal methods of operation 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 only be considered a local referral union 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. LEGAL BASIS

The Local Union Report (EEO-3), EEOC Form 274, also referred to as the EEO-3 Report, must be filed by all Local Unions/Referral unions identified in Section 1 of this Instruction Booklet. Appendix 2 outlines the legal basis for the EEO-3 data collection.

3. WHEN TO FILE

The 2022 EEO-3 data collection will open on Tuesday, October 18, 2022. The deadline to file the 2022 EEO-3 Report is Tuesday, December 6, 2022. 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 http://www.eeoc.gov/employers/eeo-data-collections.

4. HOW TO FILE

The Equal Employment Opportunity Commission (EEOC) requires that EEO-3 Reports be submitted via the EEO-3 Online Filing System (OFS) at https://eeocdata.org/eeo3. Returning filers will be required to reset their password when logging in. New filers must first register in the OFS using a Registration ID and PIN. Once registered, data can be entered directly into the online application.

5. CONFIDENTIALITY

All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-8(e) 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 specific local referral union or reveal any individual member’s personal information.

6. REQUESTS FOR INFORMATION AND SPECIAL PROCEDURES

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 the Commission. Requests for special reporting procedures or alternative reporting under 29 CFR § 1602.25 should also be submitted to the Commission in writing. Requests under 29 CFR § 1602.25 must be submitted to the Commission prior to the filing deadline for the report. For the 2022 EEO-3 data collection, the filing deadline is Tuesday, December 6, 2022.

All requests must be submitted in writing and sent to the following mailing address:

U.S. Equal Employment Opportunity Commission (EEOC)
Attn: Office of Enterprise Data and Analytics (OEDA)
131 M Street NE
Washington, DC 20507

7. BURDEN ESTIMATE

Comments regarding this collection of information, including suggestions for reducing burden, can be sent at any time to:

U.S. Equal Employment Opportunity Commission (EEOC)
Attn: Office of Enterprise Data and Analytics (OEDA)
131 M Street NE
Washington, DC 20507

OR

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.

8. EEO-3 REPORT FILING PROCESS

As part of the 2022 EEO-3 filing process, filers will be asked to provide certain details as they work through the EEO-3 Online Filing System (OFS) to complete their EEO-3 Report. Detailed information on how to file, including screenshots, is available in the 2022 EEO-3 User’s Guide, which can be found under “Resources” within the EEO-3 Online Filing System (OFS).

Listed below are the general steps of the EEO-3 filing process for a local union/local referral union.

A. CONFIRM LOCAL UNION/LOCAL REFERRAL UNION CONTACTS

In the first step of the EEO-3 filing process, filers begin by reviewing the contacts and accounts associated with the local union/local referral union.

Contacts

Confirms (returning filers) or collects (new filers) details about the local union/local referral union’s contacts, including the identification of primary and general contacts.

Accounts

Individuals added under the “Accounts” section will receive instructions and the information needed to create an account associated with the local union/local referral union within the EEO-3 Online Filing System (OFS).

B. CONFIRM LOCAL UNION/LOCAL REFERRAL UNION DETAILS

In the second step of the EEO-3 filing process, filers confirm the local union/local referral union’s information and answer a series of eligibility questions to determine whether membership, applicant, and referral information is required to be reported.

Local Union/Local Referral Union Information

Confirms (returning filers) or collects (new filers) details about the local union/local referral union, including its full name and local number (if any), mailing address, union office address (if different than mailing address), the type of local union report (i.e., report filed by local union on its own behalf or other), whether the local union is affiliated with or chartered by a national or international union or national federation (and the name and address of any such organization), and whether the local union is affiliated with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Eligibility Determination

This section contains a series of eligibility questions to determine whether membership, applicant, and referral information is required to be reported. For the 2022 EEO-3 data collection, the eligibility questions are as follows:

  1. Has the local union had 100 or more members at any time since December 31, 2021?
  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. Have 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?

A local referral union must complete the entire EEO-3 Report, including the “Report EEO-3 Data” step of the EEO-3 filing process (i.e., the Membership, Applicant and Referral Information, or Schedule I), if it answers “Yes” to eligibility question (1) above AND answers “Yes” to any part of eligibility question 2 (i.e., either answers “yes” to 2a, 2b, and/or 2c).

Otherwise, the filer will skip the “Report EEO-3 Data” step of the EEO-3 filing process (i.e., the Membership, Applicant and Referral Information, or Schedule I) and proceed to the review and certification steps of the EEO-3 filing process. Please note that these filers are still required to submit a 2022 EEO-3 Report certifying to their ineligibility.

C. REPORT EEO-3 DATA (LOCAL REFERRAL UNIONS ONLY)

In the third step of the EEO-3 filing process, eligible local referral unions report the local referral union’s membership, applicant, and referral data by directly entering the data into the EEO-3 Online Filing System (OFS). Local referral unions are required to provide information by race/ethnicity and sex for members, applicants for membership, number of persons referred, number of referrals, and applicants for referral.

How Race/Ethnicity and Sex Information Was Obtained

This question (i.e., “How was information on race/ethnicity and sex obtained for the membership, applicant, and referral statistics below?”) requests the method of identification used to obtain the race/ethnicity and sex information provided in the Membership, Applicant and Referral Information section (i.e., Schedule I). See Appendix 1 below for the race/ethnicity categories used for the 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 racial and ethnic 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.

Membership in the Referral Unit

The 2022 EEO-3 Report requests demographic data on members and applicants for membership in the referral unit.

  1. Members: By race/ethnicity and sex, enter the count of members in the referral unit. Local referral unions should use any time since December 31st of the preceding year. For the 2022 EEO-3 Report, this would be the period since December 31, 2021.
  2. Applicants for Membership during the Past Year: By race/ethnicity and sex, enter the number of applicants for membership during the “past year.” Local referral unions should use any time since December 31st of the preceding year. For the 2022 EEO-3 Report, this would be the period since December 31, 2021.

Referrals During Two-Month Period

The 2022 EEO-3 Report requests demographic data on referrals by the local referral union during a consecutive two-month period. For purposes of the 2022 EEO-3 Report, the local referral union must provide data selected from any consecutive two-month period between August 1, 2022 and November 30, 2022. For example, the local referral union may provide data for the period from September 1, 2022 through October 31, 2022. The local referral union cannot provide two months of non-consecutive data (e.g., data for the periods of August 1, 2022 through August 31, 2022 and October 1, 2022 and October 31,2022).

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 this section. 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 the self-identification procedures described above in the section entitled, “How Race/Ethnicity and Sex Information Was Obtained.”

When the 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 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. Number of Persons Referrred: By race/ethnicity and sex, enter the number of individual persons referred (i.e., sent out) to a job during the selected consecutive two-month period between August 1, 2022 an d November 30, 2022.
  2. Number of Referrals: By race/ethnicity and sex, enter the number of job referrals that the persons identified in “Number of Persons Referred” were referred (i.e., sent out) to during the selected consecutive two-month period between August 1, 2022 and November 30, 2022. If a person is referred (i.e., sent out) more than one time during the selected two-month period, the total number of these referrals must be included in “Number of Referrals.” For example, if one member was referred (i.e., sent out) to five total jobs during the selected consecutive two-month period, then all five jobs should be included in “Number of Referrals.”
  3. Applicants for Referrals: By race/ethnicity and sex, enter the number of persons who were applicants for referral during the selected consecutive two-month period between August 1, 2022 and November 30, 2022.
  4. Dates of Selected Two-Month Referral Period: The local referral union must enter the start and end dates of the selected consecutive two-month referral period between August 1, 2022 and November 30, 2022 that was used for the information provided under “Number of Persons Referred,” “Number of Referrals,” and “Applicants for Referral.”

Optional Remarks

After completing this step of the EEO-3 filing process, filers are invited to provide any additional remarks.

D. REVIEW OF EEO-3 REPORTS

In the fourth step of the EEO-3 filing process, filers can preview an uncertified EEO-3 Report prior to certification. This step is optional but strongly encouraged. If any changes to the EEO-3 Report are necessary prior to certification, filers can return to the applicable step above to do so.

E. CERTIFY EEO-3 REPORTS

In the fifth and final step of the EEO-3 filing process, filers add additional comments or remarks to the report. They then certify the report, completing the filing process.

Comments

Local unions/local referral unions may include in this section any additional comments or remarks regarding their 2022 EEO-3 filing.

Certification

Once the EEO-3 Report has been completed for the local union/local referral union, the Certifying Official must provide their name and title, telephone number, and email address. The Certifying Official is then required to check the box on the screen in the EEO-3 Online Filing System (OFS) certifying that the information in the report is correct and accurate and was prepared in accordance with the instructions.

Appendix 1. DEFINITIONS OF RACE/ETHNICITY CATEGORIES

 

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Definitions of race/ethnicity categories

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.

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).

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.