Instruction Booklet

SUMMARY INFORMATION

 

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WHO MUST FILE

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[1] 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.

Only school systems or districts located in the 50 States and the District of Columbia, should be reported. No reports should be filed for school systems or districts in Puerto Rico, the Virgin Islands, or other American protectorates. However, reports are required for school system or district employees regularly employed within the 50 states and the District of Columbia.

[1] Appendix 1 of this document outlines the definition of a school system or district for the purposes of filing the Elementary – Secondary Staff Information Report (EEO-5), EEOC Form 168A.

LEGAL BASIS

The Elementary - Secondary Staff Information Report (EEO-5), EEOC Form 168A, must be filed by all public elementary and secondary school systems and districts identified in Section 1, above, of this Instruction Booklet. Appendix 4 outlines the legal basis for the EEO-5 data collection.

WHEN TO FILE

The 2022 EEO-5 data collection is tentatively scheduled to open on Tuesday, October 4, 2022. The tentative deadline to file the 2022 EEO-5 Report is Tuesday, November 22, 2022. This final opening and deadline dates will be posted on the EEOC’s dedicated website for the EEO-5 data collection at http://eeocdata.org/eeo5 and on the EEOC’s public website at http://www.eeoc.gov/employers/eeo-data-collections.

HOW TO FILE

The Equal Employment Opportunity Commission (EEOC) requires that EEO-1 Component 1 Reports be submitted electronically via the EEO-5 Online Filing System (OFS), accessible at http://eeocdata.org/eeo5. 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, workforce demographic data (i.e., employee data by race/ethnicity, sex, and activity assignment classification) can be entered directly into the online application or submitted as an electronically uploaded data file.

CONFIDENTIALITY

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 specific school system or district or reveal any individual employee’s personal information.

REQUESTS FOR INFORMATION AND SPECIAL PROCEDURES

Pursuant to 29 CFR § 1602.44, if a school system or district claims that the preparation or filing of the report would create an undue hardship, the school system or district may apply to the Commission for an exemption. School systems or districts must submit requests in writing to the Commission. Requests for special reporting procedures or alternative reporting under 29 CFR § 1602.44 should also be submitted to the Commission in writing. Requests under 29 CFR § 1602.44 should be submitted to the Commission prior to the filing deadline for the report. For the 2022 EEO-5 data collection, the filling deadline is Tuesday, November 22, 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

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 (3046-0003)
Office of Management and Budget
Washington, DC 20503

The full text of the OMB regulations on the Paperwork Reduction Act may be found at 5 CFR Part 1320.

EEO-5 FILING PROCESS

As part of the 2022 EEO-5 filing process, filers will be asked to provide certain details as they work through the EEO-5 Online Filing System (OFS). Detailed information on how to file, including screenshots, are available in the 2022 EEO-5 User’s Guide, available under “Resources” within the EEO-5 Online Filing System (OFS).

Listed below are the general steps of the EEO-5 filing process for a school system or district.

A.    Confirm School System or District Contacts

In the first step of the EEO-5 filing process, filers begin by reviewing the contacts and accounts associated with the school system or district.

Contacts

Confirms (returning filers) or collects (new filers) details about school system or district’s contacts, including the identification of  primary and general contacts.

Accounts

Individuals added under Accounts will receive instructions and the information needed to create an account associated with the school system or district within the EEO-5 Online Filing System (OFS).

B.    Confirm School System or District Details

In the second step of the EEO-5 filing process, filers confirm the school system or district name, address, and answer the eligibility question to confirm the school system or district is required to file the 2022 EEO-5 Report.

School System or District Information

Confirms (returning filers) or collects (new filers) details about the school system or district, including name and address.

Eligibility Determination

A school system or district must complete the entire EEO-5 Report if it answers “Yes” to the following eligibility question:

For the pay period closest to October 1st of the reporting year (i.e., 2022), did your school system or district have 100 or more employees? This includes both full-time and part-time employees

If the school system or district answers “No” to this question, it is still required to submit a 2022 EEO-5 Report certifying to its ineligibility.

C.     Report 2022 EEO-5 Data (Manual Entry or Data File Upload)

In the third step of the EEO-5 filing process, filers may begin filing the school system or district workforce demographic data (i.e., employee data by race/ethnicity, sex, and activity assignment classification[1]) by:

  • directly entering the data into the EEO-5 Online Filing System (OFS), or
  • uploading a data file using the approved 2022 EEO-5 Data File Upload template.

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 three sections (1) Full-Time Staff, (2) Part-Time Staff, and (3) Full-Time New Hires.[2] The workforce data reported for Full-Time Staff and Part-Time Staff must reflect the pay period closest to October 1st of the reporting year (i.e., 2022). The EEO-5 Report 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., 2022). These Full-Time New Hires must also be included (i.e., counted) in the Full-Time Staff section.

Manual Data Entry

Once you gather the counts for each combination of race/ethnicity, sex, and activity assignment classification for Full-Time Staff, Part-Time Staff, and New Full-Time Hires, you can enter the data manually into the data grid using this option.

Data File Upload

This method is recommended if your Human Resources Information or Payroll Software can generate a file in the correct format. Please review the Data File Upload Instructions, available under “Resources” within the EEO-5 Online Filing System (OFS), before uploading a file.

Pay Period Selection

For the 2022 EEO-5 Report, school systems or districts are required to provide employee data (i.e., statistics) for Full-Time Staff and Part-Time Staff from the pay period closest to October 1st of the reporting year (i.e., 2022).

Data to Be Reported
  1. Full-Time Staff

The Full-Time Staff section should include statistics for all full-time employees employed during the pay period closest to October 1st of the reporting year (i.e., 2022), except for elected and certain appointed officials (see Appendix 1 below for the definition of “Employee”). Full-time staff are employees employed on a full-time basis during the pay period closest to October 1st of the reporting year (i.e., 2022). These are the staff members who work for the school system or district for the whole day every day (excluding temporary and substitute employees). If an employee is employed on a full-time basis by the school system or district but assigned to one or more schools on a part-time basis in each, that employee must be reported as a full-time employee in this section.

Except for employees required to be reported in the Activity Assignment Classification, Psychological, filers should report employees having multiple Activity Assignment Classifications, such as teacher-counselor or similar combinations, as full-time in the Activity Assignment Classification in which they spend at least 51 percent of the time. If the employee spends exactly 50 percent of the time in each of two Activity Assignment Classifications, report the employee as full-time in the more critical classification. If the time is distributed among more than two Activity Assignment Classifications, report the employee as full-time in the classification in which the employee spends the major portion of their time or in the more critical classification if the time is evenly distributed.

  1. Part-Time Staff

The Part-Time Staff section should include statistics for all part-time employees (see Appendix 1 below for the definition of “Employee”). Part-time staff are employees employed during the pay period closest to October 1st of the reporting year (i.e., 2022) who are usually engaged for less than the regular full-time work week. Do not include temporary or substitute employees.

If an employee is employed on a full-time basis by the school system or district but assigned to one or more schools on a part-time basis in each, that employee must be reported as a full- time employee.

  1. Full-Time New Hires

The Full-Time New Hires section should include statistics for all full-time new hires. Full-Time New Hires are full-time new employees who are on the payroll for the first time between July 1 and September 30 of the reporting year (i.e., 2022), for each of the Activity Assignment Classifications within this section. Specifically, Full-Time New Hires refers to employees who were hired for the first time or after a break in service for full-time employment by the particular school system or district.

Use the definition of full-time in Appendix 1 below for reporting full-time new hires. Do not report as a full-time new hire an employee who has been on sabbatical or any other type of leave which is not considered a break in service. Additionally, employees with a change in Activity Assignment Classification or a promotion should not be reported as a full-time new hire. Please note that full-time new hires must also be included (i.e., counted) in the Full-Time Staff section.

Method of Identification

Self-identification is the preferred method of identifying the employee race/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. See Appendix 3 below for the race/ethnicity categories to be used for purposes of EEO-5 reporting. 

As to the method of collecting data, the basic principles for race/ethnicity self-identification for purposes of the EEO-5 Report are:

  • Offer employees the opportunity to self-
  • Provide a statement about the voluntary nature of this inquiry. For example, language such as the following may be used (i.e., school systems or districts may adapt this language):

“The school system or district 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 school systems or districts invites employees 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 an employee 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 school system or district employees, or other records available to those responsible for personnel decisions.

Remarks

After entering workforce demographic data, filers are invited to provide any remarks, explanations, or other pertinent information regarding the report.

D.    REVIEW OF EEO-5 REPORTS

In the fourth step of the EEO-5 filing process, filers can preview an uncertified EEO-5 Report prior to certification. This step is optional but strongly encouraged. If any changes to the EEO-5 Report are necessary prior to certification, filers can return to the applicable step above to do so.

E.     CERTIFY EEO-5 REPORTS

In the fifth and final step of the EEO-5 filing process, filers add additional comments or remarks to the report. They then certify the report, completing the filing process.

Comments

School systems and districts may include in this section any additional comments or remarks regarding their 2022 EEO-5 filing.

Certification

Once the EEO-5 Report has been completed for the school system or district, the name and contact information of the Certifying Official must be entered. The Certifying Official is then required to check the box on the screen in the EEO-5 Online Filing System (OFS) certifying that the information in the report is correct and true to the best of their knowledge and was prepared in accordance with the instructions.

 

[1] See Appendix 2 below for desciptions of the activity assignment classifications.

[2] See “Data to Be Reported” for definitions of Full-Time Staff, Part-Time Staff, and Full-Time New Hires.

APPENDIX 1. DEFINITIONS

 

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a. EEOC

“EEOC” refers to the Equal Employment Opportunity Commission established under Title VII of the Civil Rights Act of 1964, as amended.

b. Employee

“Employee” refers to a person employed by a school system or This term shall not include any person elected to public office in a State or political subdivision of a State by the qualified voters thereof, or any person appointed by such officer to be on such officer’s personal staff, or an appointee at the policy-making level, or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. However, this exemption shall not include employees subject to the civil service laws of a State government, government agency, or political subdivision.

c. Enrollment

“Enrollment” refers to the total number of students registered in a given school unit at a given time, generally in the fall of a year.

d. Full-time employees

“Full-time employees” refer to persons employed on a full-time basis during the pay period closest to October 1st of the reporting year. These are the staff members who work for the school system or district for the whole day every day (excluding temporary and substitute employees).

e. Full-Time New Hires

“Full-Time New Hires” refer to persons who were hired for the first time or after a break in service for full-time employment by the particular school system or district and who appear on the payroll for the first time between July 1st and September 30th of the reporting

f. Part-time employees

“Part-time employees” refer to persons employed during the pay period closest to October 1st of the reporting year who are usually engaged for less than the regular full-time work week. Do not include temporary or substitute employees.

g. Race/Ethnicity

“Race/Ethnicity” refers to classification indicating general racial or ethnic heritage based on self-identification, as in data collected by the Bureau of the Census, or on observer identification, as in data collected by the Office for Civil Rights. These categories are in accordance with the Office of Management and Budget standard classification scheme.

h. School

“School” refers to a division of the school system or district consisting of a group of pupils in one or more grade groups organized as a unit with one or more teachers to give instruction of a defined type and housed in a school plant of one or more

i. School system or district

“School system or district” refers to the political jurisdiction, or a dependent agency of a political jurisdiction charged with the responsibility for the operation of elementary and/or secondary schools within given geographic boundaries.

j. State Educational Agency

“State Educational Agency” refers to an agency of a State government that has some functional or jurisdictional relationship to the operations of the school systems or districts within the State.

APPENDIX 2. DESCRIPTION OF ACTIVITY ASSIGNMENT CLASSIFICATIONS

 

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Full-Time

The Activity Assignment Classifications are listed below. Any examples shown below are illustrative and not intended to be exhaustive of all titles in an Activity Assignment Classification.

FULL-TIME STAFF

Officials, Administrators, Managers: These are occupations requiring administrative personnel who set broad policies (not elected or appointed officials), exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the school system, or district or school operations. Include in this category: superintendent of schools; deputy, associate, and assistant superintendent of schools; school business officials; directors and administrators of district-wide programs; and other professional administrative staff. DO NOT include principals, assistant principals, or supervisors of instruction. Non-professional supervisors of service workers, skilled crafts, and laborers should be reported (i.e., counted) in their corresponding categories.

Principals: Staff members performing the assigned activities of the administrative head of their respective schools (not school systems or districts) to whom has been delegated responsibility for the coordination and direction of the activities of the school.

Assistant Principals, Teaching: Staff members who in addition to assisting the head of a school (normally the principal) in performing the activities of directing and managing schools are also engaged in instructing pupils in courses in classroom situations.

Assistant Principals, Non-Teaching: Assignment of staff members to perform only the professional activities of assisting the head of a school (normally the principal) in performing the activities of directing and managing a school.

Elementary, Secondary, and Other Classroom Teachers: Staff members assigned the professional activities of instructing pupils in courses in classroom situations for which daily pupil attendance figures for the school system are kept. Include in this category music, band, physical education, home economics teachers, etc. as classroom teachers if they teach full-time at a school campus. Report classroom teachers separately for elementary, secondary, and other. Use the local school system’s definition of elementary and secondary. If a teacher has responsibility at both the elementary and secondary levels, report the teacher at one level only. DO NOT report the teacher at both the elementary and secondary levels. “Other Classroom Teachers” applies to full-time classroom teachers who teach ungraded classes who have not been reported in the elementary or secondary classroom teacher categories.

Guidance: Include staff members responsible for advising pupils with regard to their abilities and aptitudes, educational and occupational opportunities, personal and social adjustments, etc.

Psychological: Include only the following individuals: psychologists, psychometrics, psychiatrists, and psychological/social workers who are engaged in providing psychological-evaluative services to pupils for placement purposes regardless of the amount of time spent in this activity. All other professionals engaged in placement of pupils should be reported in their most pertinent category, such as Officials/Administrators/Managers, Guidance, Other Professional Staff, etc.

Librarians/Audiovisual Staff: Librarians include staff members responsible for organizing and managing school libraries. Audiovisual personnel include staff members responsible for preparing, caring for, and making available to instructional programs the equipment, materials, scripts, and other aids which assist teaching and learning through special appeal to the senses of sight and hearing (e.g., a director of audiovisual services, scriptwriter, etc.)

Consultants and Supervisors of Instruction: Include staff members performing activities of leadership, guidance, and expertise in the field of specialization for the purpose of improving the performance of teachers and other instructional staff members.

Other Professional Staff: Include staff members performing some instructional or related function on a full-time basis who cannot be properly classified for reporting in other professional assignments, such as non-classroom teachers who: may be teaching homebound students, teaching through correspondence, teaching through radio or television from a studio, providing instruction for exceptional pupils released from regular classes for short periods of time, and/or instructing pupils in non-course (co-curricular) activities. Include persons engaged in psychotherapy and other mental health services such as psychiatrists or psychologists who are not reported in the psychological assignment (See paragraph 6 above). Also include professional non-instructional staff (not officials/administrators, etc.), such as physicians, dentists, speech therapists, school social workers, community workers, attendance officers, attorneys, architects, engineers, registered professional nurses, and other professional non-instructional personnel.

Teacher Aides: A staff member performing assigned activities which are not classified as professional educational, but which assist a staff member to perform professional- educational teaching assignments. Include all personnel working with students under the direct supervision of a classroom teacher or under the direct supervision of a staff member performing professional-educational-teaching assignments on a regularly scheduled basis. In other words, aides who participate on a regularly scheduled basis in the formal education effort directed toward the student and/or whose impressions of student educational progress or needs may contribute to the formal authorized educational evaluation of students should be classified as Teacher Aides.

Teacher Aide Examples:

Librarian aide

  • A librarian aide who functions to fulfill particular educational needs of specific students on a regularly scheduled basis should be counted as a Teacher
  • A librarian aide who functions essentially as a clerical or physical aide to the librarians and whose contact with particular students is casual or irregular should be counted in the Librarian and Audiovisual Activity Assignment Classification.

Playground aide

  • A playground aide who has been advised by the professional staff of the particular educational needs of specific children and who regularly directs efforts toward meeting these needs should be counted as a Teacher
  • A playground aide whose prime function is custodial should be counted in the Service Worker Activity Assignment Classification.

Technicians: Occupations requiring a combination of knowledge and manual skill which can be obtained through about two years of post-high school education, such as is offered in many technical institutes and junior colleges, or through equivalent, on-the-job training. Includes: computer programmers and operators; film inspectors; projectionists; graphic artists; drafters; engineering aides; non-teaching-related mathematical aides; licensed, practical, or vocational nurses; dietitians; photographers; radio operators; scientific assistants; technical illustrators; technicians (medical, dental, electronic, physical sciences); and similar occupations which cannot be properly classified in other Activity Assignment Classifications.

Administrative Support Workers: Occupations requiring skills and training in all clerical-type work, including activities such as preparing, transcribing, systematizing, or preserving written communications, and reports, and/or operating such mechanical equipment as bookkeeping machines, typewriters, and tabulating machines. Include bookkeepers, messengers, office machine operators, clerk typists, stenographers, statistical clerks, payroll clerks, and kindred workers.

Service Workers: Staff members performing a service for which there are no formal qualifications, including paraprofessionals and nonsupervisory personnel in cafeteria or transportation work. Include also custodial workers or others with the responsibility for cleaning the buildings of school plants or supporting service facilities; maintenance and operating such equipment as heating and ventilating systems; preserving the security of school property; and keeping the school plant safe for occupancy and use. Such activities may include cleaning, sweeping, disinfecting, heating, lighting, moving furniture, keeping school entrances appropriately locked or unlocked, keeping such facilities as fire escapes and panic bars in working order, and guard duties.

Skilled Crafts: Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairers, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers.

Laborers and Helpers: Staff members who perform manual labor not classified in another Activity Assignment Classification. Include garage laborers, car washers and greasers, gardeners and groundskeepers, and/or activities such as lifting, digging, mixing, loading, and pulling operations.

Part -Time Staff

PART-TIME STAFF

Professional Instructional: Include all part-time staff using the definitions in the following Activity Assignment Classifications (see pages 8-10 above): Principals; Assistant Principals, Teaching; Assistant Principals, Non-Teaching; Elementary Classroom Teachers; Secondary Classroom Teachers; Other Classroom Teachers; Guidance; Psychological; Librarians/Audiovisual Staff; Consultants and Supervisors of Instruction; and Other Professional Staff.

All Other: Include all part-time staff in using the definitions in the following Activity Assignment Classifications (see pages 8-10): Officials, Administrators, Managers; Teacher Aides; Technicians; Administrative Support Workers; Service Workers; Skilled Crafts; and Laborers and Helpers.

Full-Time New Hires

FULL-TIME NEW HIRES

Officials, Administrators, Managers: Include all full-time new hires using the definitions in the following Activity Assignment Classification (see pages 8-10 above): Officials, Administrators, Managers.

Principals/Assistant Principals: Include all full-time new hires using the definitions in the following Activity Assignment Classifications (see pages 8-10 above): Principals; Assistant Principals, Teaching; and Assistant Principals, Non-Teaching.

Classroom Teachers: Include all full-time new hires using the definitions in the following Activity Assignment Classifications (see pages 8-10 above): Elementary Classroom Teachers; Secondary Classroom Teachers; and Other Classroom Teachers.

Other Professional Staff: Include all full-time new hires using the definitions in the following Activity Assignment Classifications (see pages 8-10 above): Guidance; Psychological; Librarians/ Audiovisual Staff; Consultants and Supervisors of Instruction; and Other Professional Staff.

Nonprofessional Staff: Include all full-time new hires using the definitions in the following Activity Assignment Classifications (see pages 8-10 above): Teacher Aides; Technicians; Administrative Support Workers; Service Workers; Skilled Crafts; and Laborers and Helpers.

APPENDIX 3. RACE/ETHNICITY IDENTIFICATION

 

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Overview

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 race and ethnicity self- identification for purposes of the EEO-5 Report are:

  • Offer employees the opportunity to self-identify
  • Provide a statement about the voluntary nature of this inquiry for 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 and 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 an employee declines 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.

Race and ethnicity designations, as used by the Equal Employment Opportunity Commission for the EEO-5 Report, do not denote scientific definitions of anthropological origins. In addition, such designations do not control who is protected by Title VII’s prohibitions against employment discrimination based on race or national origin.

Definitions of EEO-5 race and ethnicity categories

Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

White - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Black or African American - A person having origins in any of the black racial groups of Africa.

Native Hawaiian or Other Pacific Islander - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Asian - 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.

American Indian or Alaska Native - 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 - All persons who identify with more than one of the above five races (White, Black or African American, Native Hawaiian or Other Pacific Islander, Asian, American Indian or Alaska Native). For the purposes of this group, identifying as Hispanic or Latino and only one of the listed 5 race groups does NOT qualify.

Instructions for assigning employees into race/ethnicity categories

Hispanic or Latino – Include all employees 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 employees 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 employees 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 employees 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 employees 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 employees 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 employees 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.

APPENDIX 4. LEGAL BASIS FOR REPORTING REQUIREMENTS