2021 EEO-4 Data Collection Fact Sheet

2021 EEO-4 Data Collection Fact Sheet

Please see the 2021 EEO-4 instruction booklet for additional information on the 2021 EEO-4 data collection.

The State and Local Government Information Report (EEO-4), EEOC Form 164, also referred to as the EEO-4 Report, is a mandatory biennial data collection that requires all State and local governments with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, job category, and salary band. The filing by eligible State and local governments 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 1602.30 and .32-.37. See Appendix 5 of the EEO-4 Instruction Booklet for additional information.

 

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When does the 2021 EEO-4 data collection open? What is the filing deadline?

The 2021 EEO-4 data collection will open on Tuesday, October 26, 2021. The EEO-4 Report for calendar year 2021 must be filed no later than Tuesday, January 4, 2022.

What is the method for filing the 2021 EEO-4 Report?

EEO-4 reporting is an electronic, online application. The EEOC requires that the 2021 EEO-4 Reports be submitted via the new EEO-4 Online Filing System at https://EEOCdata.org/eeo4. Data can be entered directly into the online application or submitted as an electronically transmitted data file (i.e., data file upload) through the EEO-4 Online Filing System. Detailed data file upload instructions will be available at https://eeocdata.org/EEO4/howto/upload. Filers can begin submitting data for the 2021 EEO-4 data collection through the EEO-4 Online Filing System on Tuesday, October 26, 2021.

What type of data does the EEO-4 Report collect?

The EEO-4 is a biennial report requiring eligible State and local governments to provide summary demographic workforce data for the functions the jurisdictions perform including race/ethnicity and sex data broken down by job category and annual salary band.

What are the EEO-4 filing requirements for all jurisdictions?
  1. All State and local governments must file one report for each function listed under section 5 C. Function (if that function is performed) for a maximum of 15 function reports. These functions may be found in the EEO-4 Instruction Booklet as well as below. Jurisdictions should only report employees on the jurisdiction’s payroll during the relevant period (i.e., payroll period covering June 30th of the reporting year). For the 2021 EEO-4 Report, the reporting year is 2021.
  2. Additionally, for each function report, the jurisdiction should list the departments or agencies that perform the function indicated in the report under section 5 E. Departments/Agencies Included in This Report (see the EEO-4 Instruction Booklet for additional information). For example, Function 1 “Financial Administration” and “General Control” might include the following departments/agencies: Office of the Tax Collector, Office of the Mayor, Office of the District Attorney, etc. Jurisdictions should also include under that section, the National Crime Information Center (NCIC) numbers assigned by the U.S. Department of Justice to any criminal justice departments/agencies whose data are included in this report.
  3. If a jurisdiction cannot supply the data for every department or agency with the below functions, the jurisdiction should list the name and address of each department or agency for which data has not been included in the report under section 5 F. Departments/Agencies Not Included in This Report (see the EEO-4 Instruction Booklet for additional information).
For purposes of the EEO-4 Report, what is a “function” performed by employees?

Eligible EEO-4 filers must indicate which jurisdiction function(s) is (are) performed by the employees on the report. Below is the list of 15 functions for the EEO-4 Report.

List of 15 Functions

  1. FINANCIAL ADMINISTRATION. Tax billing and collection, budgeting, purchasing, central accounting and similar financial administration carried on by a treasurer’s, auditor’s or comptroller’s office and;
    GENERAL CONTROL. Duties usually performed by boards of supervisors or commissioners, central administration offices and agencies, central personnel or planning agencies, all judicial offices and employees (judges, magistrates, bailiffs, et al.).
  2. STREETS AND HIGHWAYS. Maintenance, repair, construction and administration of streets, alleys, sidewalks, roads, highways, and bridges.
  3. PUBLIC WELFARE. Maintenance of homes and other institutions for the needy; administration of public assistance. (Hospitals should be reported under Function number 7 below).
  4. POLICE PROTECTION. Duties of a police department sheriff’s, constable’s, coroner’s office, etc. Including technical and clerical employees engaged in police activities.
  5. FIRE PROTECTION. Duties of the uniformed fire force and clerical employees. (Report any forest fire protection activities in Function number 6 below).
  6. NATURAL RESOURCES. Agriculture, forestry, forest fire protection, irrigation drainage, flood control, etc., and;
    PARKS AND RECREATION. Provision, maintenance and operation of parks, playgrounds, swimming pools, auditoriums, museums, marinas, zoos, etc.
  7. HOSPITALS. Operation and maintenance of institutions for inpatient medical care.
  8. HEALTH. Provision of public health services, outpatient clinics, visiting nurses, food and sanitary inspections, mental health, alcohol rehabilitation service, etc.
  9. HOUSING. Code enforcement, low rent public housing, fair housing ordinance enforcement, housing for elderly, housing rehabilitation, rent control.
  10. COMMUNITY DEVELOPMENT. Planning, zoning, land development, open space, beautification, preservation.
  11. CORRECTIONS. Jails, reformatories, detention homes, halfway houses, prisons, parole and probation activities.
  12. UTILITIES AND TRANSPORTATION. Includes water supply, electric power, transit, gas, airports, water transportation and terminals.
  13. SANITATION AND SEWAGE. Street cleaning, garbage and refuse collection and disposal. Provision, maintenance and operation of sanitary and storm sewer systems and sewage disposal plants.
  14. EMPLOYMENT SECURITY. State governments only.
  15. OTHER.(Specify).
    Note: If a jurisdiction selects “other,” please list the function(s) performed under this selection.

The data reported for the above functions should be aggregated for all the performing departments or agencies within the particular function. This also applies to unspecified functions which are to be combined for Function 15 “Other” above. Any jurisdictions reporting employees under Function 15 “Other” should also list these unspecified functions. State education agencies (both agencies covering elementary and secondary schools and those covering education) should be included in Function 15 “Other” above. However, data for public elementary and secondary school systems and districts should not be included in the EEO-4 Report. The EEOC collects such data separately under the EEO-5 Elementary-Secondary Staff Information Report. Additional information regarding the EEO-5 Report can be found at https://EEOCdata.org/eeo5.

Where the jurisdiction is unable to separate data, the department or agency should be reported under the function that represents it dominant activity. For example, if a transportation department includes, among other functions, streets and highways, and two-thirds of the employees of the department are engaged in street and highway activities, those employees should be separated out and reported separately if feasible. If not, the entire department should be reported separately under Function 2 “Streets and Highways” above.

All jurisdictions (regardless of the number of employees performing the function) must file one report for each function listed above (if that function is performed) for a maximum of 15 function reports.

What are the relevant reporting periods (i.e., for counting employees) for the 2021 EEO-4 data collection?

Employment data used for the EEO-4 report must be provided as of June 30th of the reporting year (i.e., 2021). The employment status (full-time or part-time) employees are reported under, must also be based on their employment as of June 30th of the reporting year (i.e., 2021).

For purposes of the EEO-4 report, a person is an employee of a political jurisdiction if the employee is on the payroll of that jurisdiction, regardless of the source of the funds by which the employee is paid.

Relevant Reporting Periods for EEO-4 Employee Data

Full-time Employee Data: Full-time employee data should cover the payroll period which includes June 30th of the reporting year (i.e., 2021).

Part-time Employee Data: Part-time employee data should cover the payroll period which includes June 30th of the reporting year (i.e., 2021).

New Permanent Full-Time Hires Data: Filers must provide a breakout of new permanent full-time hires during the fiscal year (i.e., July 1st, 2020 – June 30th, 2021). Data for such new hires covers the entire fiscal year which ends on June 30th of the reporting year (i.e., 2021). The relevant time period for the 2021 reporting year would be July 1st, 2020 – June 30th, 2021. Please note that the data for new hires only includes permanent full-time new hires. Part-time/temporary new hires would not be included in “New Hires during Fiscal Year.” However, any new permanent full-time hires covered by the payroll period which includes June 30th, 2021, should also be included under “Full-Time Employees.”

For purposes of the EEO-4 Report, how do I report full-time employees and annual salary data?

Employee data for Full-time Employees should include total full-time employees except for certain exempted elected and appointed officials described in Appendix 1 of the EEO-4 Instruction Booklet. Where employees receive separate salaries or payments from two or more jurisdictions, but work full-time for one jurisdiction, those employees should be counted as full-time employees by that jurisdiction. Additionally, those employees’ annual salaries, to the extent possible, should reflect their total earnings from all jurisdictions from which they are paid. Also, where a person is a full-time employee of a jurisdiction, but is employed in more than one function, the employee should be reported for the function which accounts for most of the employee’s worktime. Trainees should be counted in the appropriate columns by job, salary, race/ethnicity, and sex. Every “full-time employee” must be accounted for in one and only one of the listed categories. The specific job categories as well as race/ethnicity definitions can be found in Appendices 2 and 3 of the EEO-4 Instruction Booklet.

Annual Salary: Full-time employee data must also be reported by annual salary in the provided pay bands within the job category. The list of annual salary pay bands can be found in Appendix 4 of the EEO-4 Instruction Booklet. Report each employee in only one job/annual salary category. Where employees are paid on other than an annual basis, their regular earnings in the payroll period which includes June 30th of the reporting year (i.e., 2021) should be expanded and expressed in terms of an annual income. All special increments of an employee’s annual earnings which are regular and recurrent should be included. Overtime pay should not be included.

Is filing the EEO-4 report mandatory?

Yes. The State and Local Government Information Report (EEO-4), EEOC Form 164, also referred to as the EEO-4 Report, is a mandatory biennial data collection that requires all State and local governments with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, job category, and salary band. The filing by eligible State and local governments 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 1602.30 and .32-.37. See Appendix 5 of the EEO-4 Instruction Booklet for additional information.

Is EEO-4 data confidential?

Yes. 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-4 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 individual’s information.


For information on other EEO-4 topics, please see:

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