Frequently Asked Questions

About the EEO-5 Report

 

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What is the EEO-5 Report?

What is the EEO-5 Report?

The Elementary – Secondary Staff Information Report (EEO-5), EEOC Form 168A, also referred to as the EEO-5 Report, is a mandatory biennial data collection that requires all public elementary and secondary school systems and districts with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and activity assignment classification. The filing by eligible school systems or districts 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 1602.39 and .41-.45.

Filing Deadline

When is the 2020 EEO-5 filing deadline?

The 2020 EEO-5 data collection will open on Tuesday, July 27, 2021. The EEO-5 Report for calendar year 2020 must be filed no later than Monday, October 4, 2021.

Data Security and Confidentiality

Is EEO-5 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-5 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 filer or reveal any individual employee’s personal information.

What school systems or districts are required to file the EEO-5?

The Elementary – Secondary Staff Information Report (EEO-5), EEOC Form 168A, also referred to as the EEO-5 Report, is a mandatory biennial data collection that requires all public elementary and secondary school systems and districts with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and activity assignment classification. The filing by eligible school systems or districts 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 1602.39 and .41-.45.

Preparing to File

 

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Statistics included in the EEO-5 Report

What statistics must public school systems and districts provide in their EEO-5 Report?

  • School systems and districts must submit the following statistics:
    • Number of schools and annexes operated
    • Total enrollment as of October 1, 2020
    • Workforce data from the pay period closest to October 1st of the reporting year (i.e., 2020).
    • Number of full-time new hires between July 1, 2020 and September 30, 2020
    • Sex and Race/Ethnicity of all employees
    • Activity Assignment Classifications of all employees
How to Count Employees

What is the reporting period for employee data submitted for the 2020 EEO-5 Report?

School systems and districts should report workforce data from the pay period closest to October 1st of the reporting year (i.e., 2020).

Which Employees Must Be Included in the Report

What types of employees should be reported on the 2020 EEO-5?

The EEO-5 Report is the aggregate report for the entire school system or district. The report for the school system or district must provide summary data for all personnel employed by the school system or district broken down in sections by Full-Time Staff, Part-Time Staff and Full-Time New Hires. The workforce data reported must be from the pay period closest to October 1st of the reporting year (i.e., 2020). The EEO-5 Report also separately captures Full-Time New Hires who are on the payroll for the first time between July 1st and September 30th of the reporting year (i.e., 2020). These Full-Time New Hires must also be included (i.e., counted) in the Full-Time Staff section.

Are school systems and districts required to report employees who were employed during the pay period closest to October 1st of the reporting year (i.e., 2020), even if they were no longer employees when the EEO-5 report is filed?

Yes. Even if an employee resigned or was terminated before filing, the employee must be reported if the employee was employed during the pay period closest to October 1st of the reporting year (i.e., 2020).

How to Classify Employees into Categories

How do school systems and districts determine an employee’s race and/or ethnicity?

Self-identification is the preferred method of identifying the race and ethnicity information necessary for the EEO-5 Report. School systems and districts are required to attempt to allow employees to use self-identification to complete the EEO-5 Report.
As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-5 Report are:

  1. Offer employees the opportunity to self-identify.
  2. Provide a statement about the voluntary nature of this inquiry for employees. For example, language such as the following may be used (employers may adapt this language):

    “The employer 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 employer invites employees to voluntarily self-identify their race or 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.”

What if employees 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-5 Report. School systems or districts are required to attempt to allow employees to use self-identification to complete the EEO-5 Report. However, if employees decline to self-identify their race and/or ethnicity, employment records or observer identification may be used. Where records are maintained, it is recommended that they be kept separately from the employee’s basic personnel file or other records available to those responsible for personnel decisions.

What are the Race and Ethnicity Categories to be used for the 2020 EEO-5 Report?

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

  • Hispanic or Latino
  • White (Non-Hispanic or Latino)
  • Black or African American (Non-Hispanic or Latino)
  • Asian (Non-Hispanic or Latino)
  • Native Hawaiian or Other Pacific Islander (Non-Hispanic or Latino)
  • American Indian or Alaska Native (Non-Hispanic or Latino)
  • Two or More Races (Non-Hispanic or Latino)

See EEO-5 Instruction Booklet for race and ethnicity category descriptions.

Our school system or district is now collecting gender beyond the male/female binary. We would like to report this for the 2020 EEO-5 data collection. How do we report it?

Filers may choose to report employee counts for non-binary gender employees by activity assignment classification and race/ethnicity in the comment box on the Certification Page in the EEO-5 Online Filing System. Please preface this data with the phrase “Additional Employee Data:”. For example, “Additional Employee Data: 1 non-binary gender employee in activity assignment classification Principals; Race/Ethnicity: White (Non-Hispanic or Latino). 3 non-binary gender employees in activity assignment classification Guidance; Race/Ethnicity: Employee 1 – Black or African American (Non-Hispanic or Latino), Employee 2 – Hispanic or Latino, Employee 3 – Two or More Races (Non-Hispanic or Latino).”

What are the activity assignment classifications?

Following are the activity assignment classifications to be used for reporting EEO-5 statistics:

   Full-Time Staff

  1. Officials, Administrators and Managers
  2. Principals
  3. Assistant Principles, Teaching
  4. Assistant Principals, Non-Teaching
  5. Elementary Classroom Teachers
  6. Secondary Classroom Teachers
  7. Other Classroom Teachers
  8. Guidance
  9. Psychological
  10. Librarians and Audio-Visual
  11. Consultants and Supervisors of Instruction
  12. Other Professional Staff
  13. Teacher Aides
  14. Technicians
  15. Administrative Support Workers
  16. Service Workers
  17. Skilled Crafts
  18. Laborers and Helpers

   Part-Time Staff

  1. Professional Instructional
  2. All Other

   Full-Time New Hires

  1. Officials, Administrators, Managers
  2. Principals/Assistant Principals
  3. Classroom Teachers
  4. Other Professional Staff
  5. Nonprofessional staff

How do school systems and districts classify employees into the activity assignment classifications listed in the EEO-5 Report?

Detailed descriptions of the activity assignment classifications can be found in the EEO-5 Instruction Booklet.

Foreign (non-United States) Affiliations

Do I report school systems and districts that are outside of the U.S.?

No. Filers should only report data for eligible school systems and districts that are located within the 50 United States and the District of Columbia.

Getting Started

 

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How Do I File?

What are the options for submitting the 2020 EEO-5 Report?

EEO-5 reporting is an electronic, online application. The EEOC requires that EEO-5 Reports be submitted via the EEO-5 Online Filing System at https://EEOCdata.org/eeo5. 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-5 Online Filing System. Filers can begin submitting data for the 2020 EEO-5 data collection through the EEO-5 Online Filing System on Tuesday, July 27, 2021.

School System or District Filing for the First Time

If a school system or district has never filed an EEO-5 Report before, how can the school system or district get started?

Visit EEOCdata.org/eeo5, 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 school system or district is required to file the EEO-5 Report for the first time, how does a filer obtain an EEO-5 Registration ID and PIN?

Visit EEOCdata.org/eeo5, navigate to the registration page, and follow the online instructions for school systems or districts filing for the first time. After submitting the registration form, a filer will receive a Registration ID and PIN.

If I am a new school system or district 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-5 Online Filing System, filers can access their Registration ID.

However, if your school system or district is not listed when a filer logs into a user account, please use the filer support page ‘Contact Us’ form to contact the EEO-5 Filer Support Team so they can look up the filer login information and provide the information via email.

How can a filer access a school system or district’s database to begin submitting the 2020 EEO-5 Report?

How can a filer access a school system or district’s profile to begin submitting the EEO-5 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-July 2021. If the school system or district filed previously and has not received their Registration ID and PIN, please use filer support page ‘Contact Us’ Form to contact the EEO-5 Filer Support Team.

Once the user account is linked to a school system or district, the filer will be able to access the school system or district profile and file the EEO-5 Report via the EEO-5 Online Filing System.

How do I correct or update our school system or district’s address for filing the 2020 EEO-5?

Log into the EEO-5 Online Filing System and navigate to your School System or District Dashboard and update the information under “School System or District Information and Contacts.”

How can school systems or districts update a point of contact(s) for the 2020 EEO-5 data collection?

Contact the EEO-5 Filer Support Team to submit the school’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 school system or district letterhead from an authorized official identifying the new contacts.

How can a school systems or districts view prior year reports?

If a school system or district has filed in the past, the 2018 EEO-5 Reports are available in the EEO-5 Online Filing System. From the Dashboard, click on Historic Data (Prior EEO-5 Reports) to download prior year reports.

Are school systems and districts able to correct information provided in prior year reports?

No. School systems and districts are not able to correct, or update information reported in prior year reports (e.g., 2018 EEO-5 Reports).

Are school systems or districts 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-5 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-5 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 school system or district to their account.

What should a filer do if a school system or district did not receive (or cannot locate) the advance notification letter that includes the Registration ID and PIN?

The letters will be mailed in mid-July 2021. If a school system or district did not receive the letter by the beginning of August and the school system or district filed previously, please use the filer support page ‘Contact Us’ form to contact the EEO-5 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 school system or district letterhead in electronic PDF format, signed by an authorized representative authorizing filer access.

The school system or district point of contact has changed since the last data collection. How does the school system or district update a point of contact?

Please use EEO-5 filer support page ‘Contact Us’ form to submit updated contact information. In the request, please send the following information:

  1. School system or district 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 school systems or districts include more than one point of contact to receive all communications?

Yes. School systems or districts can include more than one person as the point of contact. School systems or districts can also add additional contacts.

Data Submission

 

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EEO-5 Online Filing System

How do filers save entries within the EEO-5 Online Filing System?

As filers move from one screen to another, the EEO-5 Online Filing System saves filer progress. Please select ‘Save and Continue Later’ at the bottom of the screen before navigating away from the EEO-5 Online Filing System. There is no need to select this option on every screen, just on the final screen before leaving the EEO-5 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-5 Report for their records?

After certification, filers may print the report by selecting ‘Report’ in the School System or District Dashboard in the EEO-5 Online Filing System.

How does the filing system indicate filers are finished?

As filers complete each step of the process on the School System or District Dashboard, each step will change from ‘Active’ to ‘Complete’. After the ‘File/Upload EEO-5 Report’ is shown as “Complete,” the ‘Review EEO-5 Reports’ and the ‘Certify EEO-5 Reports’ steps will become ‘Active.’ Reviewing reports is not required, but is encouraged to prevent errors. When the ‘Certify EEO-5 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-5 Report was certified.

Filing via Data File Upload Method

Are filers able to submit a school system or district’s EEO-5 data by uploading a data file?

Yes. Filers can submit a data file through the EEO-5 Online Filing System. Filers can view a sample upload file and detailed instructions for preparing data in the Data File Upload Instructions. These data file upload instructions will be available immediately prior to the opening of the 2020 EEO-5 data collection. The 2020 EEO-5 data collection will open on Tuesday, July 27, 2021.

What file format may filers use to create a data file for upload?

Filers should follow the data file upload formats described in the Data File Upload Instructions. Please upload only .txt or .csv files. These data file upload instructions will be available immediately prior to the opening of the 2020 EEO-5 data collection. The 2020 EEO-5 data collection will open on Tuesday, July 27, 2021.

Certification

What happens if a filer does not complete the Certify EEO-5 Reports step?

If a filer fails to complete the Certify EEO-5 Report step within the EEO-5 Online Filing System, the status of the school system or district’s filing will be considered incomplete by the EEOC. If the school system or district’s submission is not certified by the filing deadline, the EEOC will send the school system or district a notification of Failure to File letter. This letter will request that the school system or district certify its data in order to complete its required filing.

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