2020 EEO-3 Data Collection Fact Sheet

2020 EEO-3 Data Collection Fact Sheet

Please see the Instruction Booklet for additional information on the 2020 EEO-3 data collection.

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).

 

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What type of data does the EEO-3 Report collect?

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.

Which local unions are required to file the 2020 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.

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 is the method for filing 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.

When does the 2020 EEO-3 data collection open? What is the 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.

Is filing the EEO-3 report mandatory?

Yes. 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.

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.


For information on other EEO-3 topics, please see:

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