FAQ

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

What is the 2022 EEO-5 Report filing deadline?

The deadline for submitting and certifying the 2022 EEO-5 Report is Tuesday, November 22, 2022.

Data Security and Confidentiality

 

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Privacy and Confidentiality

Is the EEO-5 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-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.

Who Must File

Which 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.

Eligibility Requirements

What are the eligibility requirements for filing the EEO-5 Report?

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.

Preparing to File

 

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Statistics included in the EEO-5 Report

What statistics must school systems and districts provide in their 2022 EEO-5 Report?

School systems and districts must submit the following statistics:

  • Number of schools and annexes operated
  • Total enrollment as of October 1, 2022
  • Workforce data from the pay period closest to October 1st of the reporting year (i.e., 2022).
  • Number of full-time new hires between July 1, 2022 and September 30, 2022
  • Race/Ethnicity and Sex of all employees
  • Activity Assignment Classifications of all employees
How to Count Employees

What is the reporting period for employee data submitted for the 2022 EEO-5 Report?

School systems and districts should report workforce data (i.e., employee data by race/ethnicity, sex, and activity assignment classification), including full-time staff, part-time staff, and full-time new hires from the pay period closest to October 1st of the reporting year (i.e., 2022).

Which employees must be included in the EEO-5 Report?

What types of employees should be reported on the 2022 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., 2022). 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., 2022). 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., 2022), 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., 2022).

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 race and ethnicity self-identification for purposes of the EEO-5 Report are: (1) offer employees the opportunity to self-identify, and (2) provide a statement about the voluntary nature of this inquiry for employees. For example, language such as the following may be used (i.e., employers 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.”

What if employees decline to self-identify their 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 or districts are required to offer employees the opportunity to use self-identification to complete the EEO-5 Report. However, 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.

What are the race/ethnicity categories used on the 2022 EEO-5 Report?

For the purposes of this report, the following race/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 the EEO-5 Instruction Booklet for race/ethnicity category descriptions.

Our school system or district is now collecting gender beyond the male/female binary. We would like to report this on the 2022 EEO-5 Report. 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?

The following are the activity assignment classifications to be used for reporting EEO-5 workforce statistics:

Full-Time Staff

    1. Officials, Administrators, Managers
    2. Principals
    3. Assistant Principals, Teaching
    4. Assistant Principals, Non-Teaching
    5. Elementary Classroom Teachers
    6. Secondary Classroom Teachers
    7. Other Classroom Teachers
    8. Guidance
    9. Psychological
    10. Librarians/Audiovisual Staff
    11. Consultants & 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 United States?

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. No reports should be filed for establishments in Puerto Rico, the Virgin Islands, or other American Protectorates.

Getting Started

 

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How do I file?

What are the options for submitting the 2022 EEO-5 Report?

The EEOC requires that EEO-5 Reports be submitted electronically via the EEO-5 Online Filing System (OFS), accessible at https://eeocdata.org/eeo5. Returning filers will be required to reset their password when logging in. New filers must register in the OFS using a Registration ID and PIN. Once registered, workforce demographic data (i.e., data by employee race/ethnicity, sex, and activity assignment classification) can be entered directly into the online application or submitted as an electronically uploaded data file. Filers can begin submitting data for the 2022 EEO-5 Data Collection through the EEO-5 Online Filing System on Tuesday, October 4, 2022.

School system or districts filing for the first time

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

New filers will be required to create an individual user account to access the EEO-5 Online Filing System (OFS). This can be done by visiting https://eeocdata.org/eeo5/signin and selecting “Create an Account.” After creating an account and signing in to the EEO-5 OFS, filers can register a new school system or district by selecting “Add School System or District to List” on the My School System or District List screen. Filers should have the school system or district’s name and address available to complete the registration process.

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?

New filers will be required to create an individual user account to access the EEO-5 Online Filing System (OFS). This can be done by visiting https://eeocdata.org/eeo5/signin and selecting “Create an account.” After creating an account and signing in to the EEO-5 OFS, filers can register a new school system or district by selecting “Add School System or District to List” on the Your School System or District 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 filers to gain access to the school system or district’s dashboard in the EEO-5 OFS.

If I am a newly eligible school system or district and created an individual user account but do not see my school system or district record listed on the Your School System or District List screen, what should I do?

After creating an account, filers should be able to log in to the account using the username (email address) and password created by the filer. After logging into the EEO-5 Online Filing System, if there are no school system or district records listed on the Your School System or District List screen, select Add School System or District to List” to register a new school system or district.

School systems or districts that have filed before

How can returning filers access the 2022 EEO-5 Online Filing System (OFS)?

Returning filers may sign in to the EEO-5 Online Filing System (OFS) by visiting https://eeocdata.org/eeo5/signin and entering the email address and password they established for the 2020 EEO-5 Data Collection. Returning filers will be prompted to reset their password before proceeding. If you do not know your password, select “Forgot Password.”

How do I correct or update a school system or district’s address for the 2022 EEO-5 Data Collection?

Log in to the EEO-5 Online Filing System (OFS), and select the school system or district from the Your School System or District List. Then, select “Confirm School System or District Details” on the School System or District Dashboard screen and follow the prompts to update the school system or district’s address.

How can I update a school system or district’s point of contact(s) for the 2022 EEO-5 Data Collection?

Filers who have access to the school system or district in the EEO-5 Online Filing System (OFS) can update the school system or district’s contacts by selecting the appropriate school system or district from the Your School System or District List page. On the School System or District Dashboard page, select the “Confirm School System or District 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.

If an individual needs to update a school system or district’s point(s) of contact and does not currently have access to the school system or district in the EEO-5 OFS, the individual can visit https://eeocdata.org/eeo5 and select “Get Started” to create and/or log in to their user account. Once logged in, filers should select “Add School System or District to List” on the Your School System or District List screen. Filers should follow the prompts to gain access to the school system or district’s dashboard in the EEO-5 OFS. Filers will be prompted to submit a Change of Contact form if they do not have the school system or district’s Registration ID and PIN. After successfully linking to a school system or district record, the filer can select the school system or district on the Your School System or District List screen. On the School System or District Dashboard screen, select “Confirm School System or District Contacts.” To add a new contact, select “Add New Contact.” To update or delete an existing contact, select “Edit/Delete” next to the appropriate contact.

How can a school system or district view prior year reports?

If a school system or district has filed in the past, EEO-5 Reports from the following years are available once logged in to the EEO-5 Online Filing System (OFS): 2018 and 2020. Select the school system or district on the Your School System or District List screen to access the School System or District Dashboard and select “Historic EEO-5 Reports” to download prior year EEO-5 Reports.

Are school systems or districts able to correct or update information provided in prior EEO-5 Reports?

No. School systems or districts are not able to correct, or update information reported in prior EEO-5 Reports.

Are school systems or districts able to file prior year EEO-5 Reports?

No. Once a reporting year’s data collection has closed, no additional EEO-5 Reports can be filed. For example, the 2020 EEO-5 Data Collection has closed, and no further reports are being accepted.

Account and login information

How can a filer create an account?

New filers will be required to create an individual user account to access the EEO-5 Online Filing System (OFS). This can be done by visiting https://eeocdata.org/eeo5/signin and selecting “Create an Account.” After creating an account and signing in to the EEO-5 OFS, filers can add a school system or district to their list, communicate with the Filer Support Team via the Message Center, and access additional resources.

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?

U.S. postal letters containing the school system or district’s Registration ID and PIN were mailed in September 2022 to the address on file.

If a filer completed the 2020 EEO-5 Report, the school system or district may already be associated with the filer’s user account. Visit https://eeocdata.org/eeo5/signin and log in using the email address and password used for the 2020 EEO-5 Data Collection. If the school system or district record does not appear in the Your School System or District List, select “Add School System or District to List” and follow the instructions to link the school system or district to your user account.

Filers who did not access the EEO-5 Online Filing System (OFS) during the 2020 EEO-5 Data Collection can visit https://eeocdata.org/eeo5 and select “Get Started” to create a user account. Once a filer logs in to their user account, new filers can add a school system or district to the Your School System or District List page by selecting “Add School System or District to List.” Filers should follow the prompts to link the school system or district record to their filer account.

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

Filers who have access to the school system or district’s dashboard in the EEO-5 Online Filing System (OFS) can update the points of contact by selecting the appropriate school system or district from the Your School System or District List page. On the School System or District Dashboard page, select the “Confirm School System or District 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. Please note that each school system or district must have one Primary Contact.

If an individual needs to update a school system or district’s point(s) of contact and does not currently have access to the school system’s or district’s record in the EEO-5 Online Filing System (OFS), the individual can visit https://eeocdata.org/eeo5 and select “Get Started” to create and/or log in to their filer account. Once logged in, filers should select “Add School System or District to List” on the Your School System or District List page. Filers should follow the prompts to gain access to the school system or district dashboard. Filers will be prompted to submit a Change of Contact form if they do not have the school system or district’s Registration ID and PIN. After successfully linking to a school system or district record, the filer can select the school system or district on the Your School System or District List screen. On the School System or District Dashboard screen, select the “Confirm School System or District 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 school systems or districts include more than one point of contact to receive all communications?

Yes. The EEOC strongly encourages school systems or districts to include more than one point of contact to ensure critical notifications about the EEO-5 Data Collection are received by the filer’s organization.

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 (OFS) saves filer progress when they click “Next” or “Submit.” 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-5 Online Filing System (OFS). After selecting “Save and Continue Later,” filers can close the browser and return another time to finish.

How can filers print an EEO-5 Report for their records?

After certification, filers may print the report by selecting “Report” on the School System or District Dashboard in the EEO-5 Online Filing System (OFS).

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 “Report 2022 EEO-5 Data” step is shown as “Complete,” the “Review 2022 EEO-5 Report” and the “Certify 2022 EEO-5 Report” steps will become “Active.” Reviewing reports is not required but is encouraged to prevent errors. When the “Certify 2022 EEO-5 Report” 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-5 Report. Filers will receive an email indicating that the EEO-5 Report was certified.

Filing via data file upload

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

Yes. Filers can submit a data file through the EEO-5 Online Filing System (OFS). Filers can view a sample upload file and detailed instructions for preparing data in the Data File Upload Instructions located under the “Resources” section in the EEO-5 Online Filing System (OFS). These data file upload instructions will be available immediately prior to the opening of the 2022 EEO-5 Data Collection. The 2022 EEO-5 Data Collection will open on Tuesday, October 4, 2022.

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 located under the “Resources” section of the EEO-5 Online Filing System (OFS). Only the following file formats are accepted: .txt and .csv. The Data File Upload Instructions will be available immediately prior to the opening of the 2022 EEO-5 Data Collection. The 2022 EEO-5 Data Collection will open on Tuesday, October 4, 2022.

Certification

What happens if a filer does not complete the “Certify 2022 EEO-5 Report” step?

If a filer fails to complete the “Certify 2022 EEO-5 Report” step within the EEO-5 Online Filing System (OFS), 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 Notice 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.