FAQ

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 2022 EEO-3 filing deadline?

The 2022 EEO-3 data collection will open on Tuesday, October 18, 2022. The EEO-3 Report for calendar year 2022 must be filed no later than Tuesday, December 6, 2022.

Confidentiality

Is EEO-3 data confidential?

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), 29 CFR 1602.22 and 29 CFR 160.27-.28 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.

“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.

What are the specific eligibility requirements for filing membership, applicant, and referral data in the EEO-3 Report?

The below eligibility questions determine whether the local union must complete the “Report EEO-3 Data” step of the EEO-3 filing process (i.e., the Membership, Applicant and Referral Information, or Schedule I). These eligibility questions include the following

  1. 1. Has the local union had 100 or more members at any time since December 31, 2021?
  2. 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?

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.

What are the relevant reporting time periods when reporting membership, applicant, and referral data in the EEO-3 Report?

The relevant reporting time periods for reporting membership, applicant, and referral data in the 2022 EEO-3 Report are:

  1. Members and Applicants for Membership in 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.
  2. Number of Persons Referred, Number of Referrals, and Applicants for Referrals: Local referral unions 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).

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 2022 EEO-3 Report?


Local referral unions must provide data (i.e., statistics) on their members, applicants, and referrals by race/ethnicity and sex. Please see Section C of the 2022 EEO-3 Instruction Booklet (Report EEO-3 Data) for more information.

How to Classify Members, Applicants, and Referrals into Categories

How do local referral unions determine a member’s, applicant’s, or referral’s race/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/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 2022 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 Appendix 1 of the 2022 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 2022 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?

How do I submit the 2022 EEO-3 Report?

The EEOC requires that EEO-3 Reports be submitted electronically via the EEO-3 Online Filing System at https://eeocdata.org/eeo3. Data can be entered directly into the online application through the EEO-3 OFS. Filers can access the EEO-3 OFS on Tuesday, October 18, 2022.

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 they get started?

New users will be required to create an individual user account to access the EEO-3 Online Filing System (OFS). This can be done by visiting https://eeocdata.org/eeo3/signin and selecting “Create an Account”. After creating an account and signing in to the EEO-3 OFS, users can register a new local union/local referral union by selecting “Add Local Union/Local Referral Union to List” on the Your Local Union/Local Referral Union List screen. Users should have the Union Name and Address available to complete the new local union/local referral union registration process.

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

After creating an account and signing in to the EEO-3 Online Filing System (OFS) (see FAQ 13 above for details), users can register a new local union/local referral union by selecting “Add Local Union/Local Referral Union to List” on the Your Local Union/Local Referral Union List screen. During the registration process, filers are provided with a Registration ID and PIN. The Registration ID and PIN can be used by other users to gain access to the local union/local referral union’s dashboard in the EEO-3 OFS.

If I am a newly eligible local union/local referral union and created an individual user account but do not see my union record listed on the Your Local Union/Local Referral Union List screen, what should I do next?

After creating an account, users should be able to log in to the account using the username (email address) and password created by the user. After logging into the EEO-3 Online Filing System (OFS), if there are no union records listed on the Your Local Union/Local Referral Union List screen, select “Add Local Union/Local Referral Union to List” to register a new local union/local referral union.

Local Unions/Local Referral Unions That Have Filed Before

How can returning filers access the 2022 EEO-3 Online Filing System (OFS)?

Returning filers may sign in to the EEO-3 Online Filing System (OFS) by visiting https://eeocdata.org/eeo3/signin and entering the email address and password they established for the 2020 EEO-3 Data Collection. Returning filers will be prompted to reset their password before proceeding. If you do not know your password, select “Forgot Password.”

How can a returning filer correct or update a local union/local referral union’s address for the 2022 EEO-3 data collection?

Log into the EEO-3 Online Filing System (OFS) and select the union from the Your Local Union/Local Referral Union List. Then, select “Confirm Local Union/Local Referral Union Details” on the Local Union/Local Referral Union Dashboard screen, and follow the prompts to update the union’s address.

How can a returning local union/local referral union update a point of contact(s) for the 2022 EEO-3 data collection?

Users who have access to the union in the EEO-3 Online Filing System (OFS) can update the union’s contacts by selecting the appropriate local union/local referral union from the Your Local Union/Local Referral Union List page. On the Local Union/Local Referral Union Dashboard page, select the “Review/Confirm Local Union/Local Referral Union Contacts” step. To add a new union contact, select “Add New Contact”. To update or delete an existing union contact, select “Edit/Delete” next to the appropriate contact.

If an individual needs to update a union’s point(s) of contact and does not currently have access to the local union/local referral union in the EEO-3 OFS, the individual can visit https://eeocdata.org/eeo3 and select “Get Started” to create and/or log in to their user account. Once logged in, users should select “Add Local Union/Local Referral Union to List” on the Your Local Union/Local Referral Union List page. Filers should follow the prompts to link their user account to the union. After successfully linking to a union record, the user can select the union on the Your Local Union/Local Referral Union List page. On the Local Union/Local Referral Union Dashboard page, select the “Review/Confirm Local Union/Local Referral Union Contacts” step. To add a new union contact, select “Add New Contact.” To update or delete an existing union contact, select “Edit/Delete” next to the appropriate contact.

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

If a local union/local referral union has filed in the past, EEO-3 Reports from the following years are available in the EEO-3 Online Filing System (OFS): 2018 and 2020. Select the local union/local referral union on the Your Local Union/Local Referral Union List screen to access the Local Union/Local Referral Union Dashboard and select “Historic EEO-3 Reports” to download prior year reports.

Are local unions/local referral unions able to correct information provided in prior EEO-3 reports?

No. Local unions/local referral unions are not able to correct or update information reported in prior year reports.

Are local unions/local referral unions able to file previous year EEO-3 reports?

No. Once a reporting year’s data collection has closed, no additional EEO-3 reports can be filed. For example, the 2020 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?

New users will be required to create an individual user account to access the EEO-3 Online Filing System (OFS). This can be done by visiting https://eeocdata.org/eeo3/signin and selecting “Create an Account”. After creating an account and signing in to the EEO-3 OFS, users can register a new local union/local referral union to their list, communicate with the Filer Support Team via the Message Center, and access additional resources.

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?

U.S. postal letters containing Registration ID and PIN were mailed in October 2022 to the local union/local referral union address on file.

If a filer completed the 2022 EEO-3 Report, the local union/local referral union may already be associated with the filer’s User Account. Visit https://eeocdata.org/eeo3/signin to log in using the email address and password used in the 2020 EEO-3 Data Collection. If a union record does not appear in the Your Local Union/Local Referral Union List, select “Add Local Union/Local Referral Union to List” and follow the instructions to associate the union with your user account.

Filers that did not access the EEO-3 Online Filing System (OFS) during the 2020 EEO-3 Data Collection can visit https://eeocdata.org/eeo3/signin and select “Get Started” to create a User Account. Once a filer logs in to their user account, new filers can add a union to the Your Local Union/Local Referral Union List page by selecting “Add Local Union/Local Referral Union to List”. Filers should follow the prompts to link a union record to their user account.

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?

Users who have access to the union in the EEO-3 Online Filing System (OFS) can update the union’s contacts by selecting the appropriate union from the Your Local Union/Local Referral Union List page. On the Local Union/Local Referral Union Dashboard page, select the “Confirm Local Union/Local Referral Union Contacts” step. To add a new union contact, select “Add New Contact.” To update or delete an existing contact, select “Edit/Delete” next to the appropriate contact. Please note that each local union/local referral union must have one Primary Contact.

If an individual needs to update a union’s point(s) of contact and does not currently have access to the union in the EEO-3 OFS, the individual can visit https://eeocdata.org/eeo3 and select “Get Started” to create and/or log in to their user account. Once logged in, users should select “Add Local Union/Local Referral Union to List” on the Your Local Union/Local Referral Union List page. Filers will be prompted to submit a Change of Contact form if they do not have the local union/local referral union’s Registration ID and PIN. After successfully linking to a local union/local referral union record, the filer can select the union on the Your Local Union/Local Referral Union List screen. On the Local Union/Local Referral Union Dashboard screen, select the “Confirm Local Union/Local Referral Union Contacts” step. To add a new contact, select “Add New Contact.” To update or delete an existing contact, select “Edit/Delete” next to the appropriate contact.

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

Yes. The EEOC strongly encourages filers (i.e., local unions/local referral unions) to include more than one person as the point of contact to ensure critical notifications about the EEO-3 data collection are received by the filer’s organization.

Data Submission

 

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EEO-3 Online Filing System (OFS)

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

As filers move from one screen to another, the EEO-3 Online Filing System saves filer progress. If you need to leave before completing your filing, you must select “Save and Continue Later” at the bottom of the screen before navigating away from the EEO-3 OFS. After selecting “Save and Continue Later”, filers can close the browser and return another time 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 (OFS).

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 “Report EEO-3 Data” step 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 EEO-3 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 (OFS), 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 Notice of Failure to File letter. This letter will request that the local union certify its data in order to complete its required filing.