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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.
- 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
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:
- Offer employees the opportunity to self-identify.
- 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.”
Detailed descriptions of the activity assignment classifications can be found in the EEO-5 Instruction Booklet.
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.
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.