State and Local Government Information (EEO-4)

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[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Data Collection
OMB Control Number: 3046-0008
Instruction Booklet
Expiration Date: [TO BE INSERTED BY EEOC UPON ISSUANCE BY OMB]

U.S. Equal Employment Opportunity
Commission

[SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC]
EEO-4 Data Collection
Instruction Booklet
EEOC Headquarters
131 M Street, NE
Washington, DC 20507

EEO-4
Data Collection
OMB Control Number: 3046-0008
Expiration Date: [TO BE INSERTED BY EEOC UPON
ISSUANCE BY OMB]

[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Data Collection
OMB Control Number: 3046-0008
Instruction Booklet
Expiration Date: [TO BE INSERTED BY EEOC UPON ISSUANCE BY OMB]

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 DATA
COLLECTION
State and Local Government Information Report
EEOC FORM 164
EEO-4 Report
INSTRUCTION BOOKLET
NOTICE
As discussed in the 30-day Notice published in the Federal Register on
December 6, 2024, the EEOC has undertaken several efforts to modernize the
agency’s data collections and improve the quality of the data collected. Since
the creation of the EEOC’s Office of Enterprise Data and Analytics (OEDA) in
2018, which administers the agency’s EEO data collections, including the EEO4, OEDA has streamlined functions, such as providing additional self-service
options, resource materials, and an online support message center.
As part of its ongoing modernization efforts and in response to feedback from
filers in prior collections, OEDA has redesigned the EEO-4 Instruction Booklet to
better meet the needs of filers. The Instruction Booklet consolidates existing
filer-support materials, including frequently asked questions (FAQs) and fact
sheets, into a single resource for filers and provides additional information to
clarify reporting requirements. Like the dedicated EEO-4 website launched by
the EEOC in 2021, the updated Instruction Booklet will serve as a “one-stopshop” containing important information for new and returning filers.

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OMB Control Number: 3046-0008
Instruction Booklet
Expiration Date: [TO BE INSERTED BY EEOC UPON ISSUANCE BY OMB]

Table of Contents
Overview of the EEO-4 Report ...................................................................................................................... 5
Instructions ................................................................................................................................................... 6
1.

LEGAL BASIS .................................................................................................................................. 6

2.

WHO MUST FILE ............................................................................................................................ 6

3.

WHEN TO FILE ............................................................................................................................... 7

4.

HOW TO FILE ................................................................................................................................. 8

5.

4.1

OVERVIEW ......................................................................................................................... 8

4.2

ACCESSING THE OFS ........................................................................................................ 10

4.3

ADDING AN EXISTING OR NEW STATE OR LOCAL GOVERNMENT TO AN ACCOUNT ...... 11

4.4

ADDING OR CHANGING A STATE OR LOCAL GOVERNMENT’S CONTACT(S) OR
ASSOCIATED ACCOUNT(S) ............................................................................................... 12

4.5

CORRECTING A STATE OR LOCAL GOVERNMENT’S INFORMATION IN THE OFS ............. 13

4.6

REPORTING EMPLOYEE DEMOGRAPHIC WORKFORCE DATA ......................................... 13

4.7

REVIEW OF THE EEO-4 REPORT ....................................................................................... 19

4.8

OFFICIAL CERTIFICATION OF SUBMISSION...................................................................... 19

4.9

SAVING/PRINTING A COPY OF SUBMITTED/CERTIFIED EEO-4 REPORT .......................... 20

OFS REQUIRED FILING INFORMATION ........................................................................................ 21
5.1

SECTION A: STATE AND LOCAL GOVERNMENT IDENTIFICATION .................................... 21

5.2

SECTION B: TYPE OF GOVERNMENT ............................................................................... 21

5.3

SECTION C: ELIGIBILITY .................................................................................................... 22

5.4

SECTION D: FUNCTIONS .................................................................................................. 22

5.5

SECTION E: OFFICIAL CERTIFICATION OF SUBMISSION ................................................... 22

5.6

SECTION F: EMPLOYMENT DATA .................................................................................... 24

6.

FAILURE TO FILE .......................................................................................................................... 27

7.

APPLICATION FOR UNDUE HARDSHIP EXEMPTION .................................................................... 28

8.

CONFIDENTIALITY........................................................................................................................ 29

9.

BURDEN ESTIMATE ..................................................................................................................... 29

APPENDIX A: RACE AND ETHNICITY CATEGORIES ................................................................................... 31
A.1

DEFINITIONS OF RACE AND ETHNICITY CATEGORIES...................................................... 31

A.2

INSTRUCTIONS FOR ASSIGNING EMPLOYEES INTO THE RACE/ETHNICITY CATEGORIES 32

APPENDIX B: DEFINITIONS ...................................................................................................................... 33
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APPENDIX C: JOB CATEGORIES................................................................................................................ 38
APPENDIX D: SALARY BANDS .................................................................................................................. 40
APPENDIX E: EEO-4 FUNCTIONS ............................................................................................................. 41
APPENDIX F: SAMPLE EEO-4 REPORT...................................................................................................... 43

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OVERVIEW OF THE EEO-4 REPORT
Since 1973, the EEOC has required EEO-4 filers to submit workforce demographic data. All
state and local governments that are covered by Title VII of the Civil Rights Act of 1964, as
amended (Title VII) 1 and that have 100 or more employees are required to file their
workforce demographic data.
Section 709(c) of Title VII requires employers to make and keep records relevant to the
determination of whether unlawful employment practices have been or are being
committed, to preserve such records, and to produce reports as the Commission
prescribes by regulation or order. 2 Pursuant to this statutory authority, the EEOC issued
regulations prescribing the reporting and related record retention requirements for state
and local governments. 3 The regulations require state and local governments to make or
keep all records necessary for completion of an EEO-4 submission and retain those
records for three years, and also require EEO-4 filers to retain a copy of each filed EEO-4
report for three years. These recordkeeping requirements are part of standard
administrative practices, and as a result, the EEOC believes that any impact on burden
would be negligible and nearly impossible to quantify. Additionally, the regulations require
state and local governments to file executed copies of the EEO-4 in conformity with the
directions set forth in the form and accompanying instructions. Under this authority, state
and local governments with 100 or more employees are required to report biennially 4 the
number of individuals they employ by job category and by sex, salary band, 5 and race or
ethnicity.
The EEOC currently collects EEO-4 data electronically through a web-based data
collection application (i.e., portal) referred to as the EEO-4 Online Filing System (OFS). 6
Filers must submit their data electronically through the web-based portal by either manual
entry or by uploading a data file. The individual EEO-4 reports are confidential. 7 The EEOC
42 U.S.C. 2000e, et seq.
42 U.S.C. 2000e-8(c).
3
The EEOC’s EEO-4 regulation is at 29 CFR Part 1602 Subparts I and J. The EEOC’s EEO-4 regulation at 29 CFR Part 1602
Subpart J. § 1602.32 requires eligible state and local governments to file “…in conformity with the directions set forth in
the form and accompanying instructions.”
4
Beginning in 1993, the EEO-4 report has been collected biennially in odd-numbered years. Prior to 1993, the EEO-4
report was collected annually.
5
Data by salary band is only required of Full-Time Staff.
6
EEO-4 filers may access the OFS through the EEOC’s dedicated EEO-4 website at [LINK WILL BE INSERTED BY EEOC
FOR EACH DATA COLLECTION YEAR]
7
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 particular
filer or reveal any individual employee’s personal information. With respect to other federal agencies with a legitimate
law enforcement purpose, the EEOC gives access to information collected under Title VII only if the agencies agree in
writing to comply with the confidentiality provisions of Title VII. In addition, section 709(d) of Title VII (42 U.S.C. 2000e8(d)) provides that the EEOC shall furnish upon request and without cost to state or local civil rights agencies information
about employers in their jurisdiction on the condition that they not make it public prior to starting a proceeding under
1
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uses EEO-4 data to investigate charges of employment discrimination against state and
local governments and to publish periodic reports on workforce demographics. 8

INSTRUCTIONS
1. LEGAL BASIS
All state and local governments meeting the eligibility requirements detailed below have a
mandatory legal obligation to submit and certify the biennial EEO-4 report containing
required workforce demographic data to the EEOC. 9 The instructions for submitting and
certifying such reports, including the types of data requested and relevant deadlines, are
provided here in the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4
Instruction Booklet (Instruction Booklet). 10

2. WHO MUST FILE 11
Pursuant to 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, all state and local governments 12 subject to Title
VII and with 100 or more employees have a mandatory legal obligation to submit and
certify the biennial EEO-4 report containing required workforce demographic data to the

state or local law involving such information. The EEOC shares EEO-4 data with Fair Employment Practices Agencies
(FEPAs) pursuant to Worksharing Agreements that impose obligations on the contracted FEPA with respect to
confidentiality, privacy, and data security. On a case-by-case basis, the EEOC may share EEO-4 data with a FEPA that
does not have a Worksharing Agreement, but only if that FEPA agrees to comply with confidentiality, privacy, and data
security obligations similar to those imposed on FEPAs with Worksharing Agreements.
8
Any reports the EEOC publishes based on EEO-4 data include only aggregated data that protect the confidentiality of
each employer’s information, as well as the privacy of each employee’s personal information.
9
The authorities under which EEO-4 data are collected, along with associated recordkeeping requirements, include
Section 709(c) of Title VII and Sections 1602.30 and 1602.32-1602.37, Chapter XIV, Title 29 of the Code of Federal
Regulations (CFR).
10
To further assist filers, the EEOC provides supplementary resource materials (e.g., user’s guide; frequently asked
questions (FAQs); fact sheet) at the opening of each data collection. Access by registered EEO-4 Online Filing System
(OFS) account holders choosing to use these supplementary resource materials is available through the dedicated EEO4 data collection website at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR].
11
A state or local government that receives an EEO-4 filing notice from the EEOC but believes it is not required to file must
access the EEO-4 Online Filing System (OFS) to complete the embedded eligibility screener. If the screener confirms
eligibility, the state or local government must follow the prompts to submit and certify the required workforce
demographic data. If the eligibility screener indicates the state or local government is ineligible to file, the state or local
government must certify that it is ineligible in the OFS. Failure to certify ineligibility through the OFS will result in future
EEO-4 filing notices being sent to the state or local government by the EEOC. Additionally, a state or local government
that receives an EEO-4 filing notice from the EEOC but has ceased operations must also access the EEO-4 Online Filing
System (OFS) to complete the eligibility screener. If the eligibility screener indicates the state or local government is
ineligible to file, the state or local government must certify that is ineligible and has ceased operations in the OFS.
Similarly, failure to certify ineligibility through the OFS will result in future EEO-4 filing notices being sent to the state or
local government by the EEOC.
12
The fact that a branch or agency of a government has separately elected officials or is autonomous or semiautonomous in its operations does not affect the legal status of the jurisdiction, nor the requirement that the EEO-4
covers the entire jurisdiction. To the extent feasible, the report should cover all branches of the government. Where
interstate, intercounty, boards, agencies, commissions, or other types of special district governments exist, one report
should be submitted by the headquarters of the special district for each function performed.

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EEOC. 13 State and local governments located within the 50 United States and the District
of Columbia are eligible to file the EEO-4 report. 14
Please note the EEOC does not collect workforce demographic data from private
employers, local unions, or public elementary and secondary school systems and districts
through the EEO-4 data collection. Workforce demographic data for these entities are
collected through other EEO data collections administered by the EEOC. 15 These data
collections include the EEO-1 Component 1 Employer Information Report, EEO-3 Local
Union Report, and the EEO-5 Elementary-Secondary Staff Information Report.

3. WHEN TO FILE
The [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data collection is
scheduled to open on [SPECIFIC DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED
BY EEOC]. The deadline to file the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC] EEO-4 report is [SPECIFIC DATE FOR EACH COLLECTION CYCLE WILL BE
INSERTED BY EEOC]. The final opening and deadline dates will be posted on the EEOC’s
dedicated website for its EEO-4 data collection at [LINK WILL BE INSERTED BY EEOC FOR
EACH DATA COLLECTION YEAR] and on the EEOC’s public website at
www.eeoc.gov/data/eeo-data-collections. Filers are strongly advised to visit [LINK WILL BE
INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR] for the latest updates regarding
the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data collection,
including any updates regarding the deadline to submit and certify reports.
Once data collection closes for a particular reporting cycle, state and local governments
are not able to correct and/or update any workforce demographic data reported during that
data collection. Further, a state or local government that fails to submit a required EEO-4
report during any reporting cycle(s) is not permitted to submit any such reports during
subsequent reporting cycle(s). For example, an eligible state or local government that
failed to submit a [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 report
is not permitted to submit that report during the [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC] EEO-4 data collection.

The Census of Governments identifies the scope and nature of the nation's state and local government sector and
classifies local government organizations, powers, and activities.
14
The fact that a branch or agency of a government has separately elected officials or is autonomous or semiautonomous in its operations does not affect its legal status, nor the requirement that the EEO-4 covers the entire state
or local government. To the extent feasible, the EEO-4 report should cover all branches of the state or local government.
15
If you are one of these entities but have received an EEO-4 filing notice from the EEOC, please contact the EEO-4 Filer
Support Team via the online Message Center at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR].
13

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OMB Control Number: 3046-0008
Instruction Booklet
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4. HOW TO FILE
4.1

OVERVIEW

The EEOC requires electronic submission of the EEO-4 report through a web-based data
collection application (i.e., portal) referred to as the EEO-4 Online Filing System (OFS). The
OFS is accessible at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION
YEAR].
All individuals responsible for filing a state or local government’s report will be required to
have an individual user account associated with their email address to access the OFS. To
create a new account, visit [LINK WILL BE INSERTED BY EEOC FOR EACH DATA
COLLECTION YEAR] and select “Create an Account.” New account holders for state or
local governments that have filed in prior data collections can link their individual user
account to the state or local government’s record using the state or local government’s
“Registration ID” and “PIN,” which will be sent to them via postal mail prior to the opening
of data collection. Account holders for state or local governments that have never filed
before can register a new state or local government by selecting “Add State or Local
Government” on the “My State or Local Government List” screen. Returning OFS account
holders can log in using their existing username (i.e., email address) and password.
Returning account holders may be required to reset their password when logging in to the
OFS if the account holder has not accessed the OFS in the past 90 days. Account holders
must submit the state or local government’s workforce demographic data electronically in
the OFS through either (1) manual data entry 16 or (2) data file upload. 17 The state or local
government’s certifying official must then certify the EEO-4 report in the OFS.
The EEOC will only accept EEO-4 reports submitted and certified through the agency’s
OFS. The EEOC will not accept reports submitted via paper or through other non-OFS
electronic means (e.g., email, CD-ROM). The EEOC will consider filers submitting reports
outside of the OFS to be non-compliant for purposes of their mandatory EEO-4 filing
obligation.
As a part of the EEO-4 filing process, individuals responsible for filing a state or local
government’s EEO-4 report will complete the following steps.
1. Log in to the OFS, either with an existing user account or by creating a new one (see
the section entitled “Accessing the OFS” for more details).
2. If necessary, add a new or existing state or local government to your account (see
the section entitled “Adding an Existing or New State or Local Government to an
Account” for more details).
The “manual data entry” option requires directly entering workforce demographic data into the EEOC’s web-based
data collection application referred to as the EEO-4 Online Filing System (OFS).
17
The “data file upload” option requires uploading a data file using the EEOC’s [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC] EEO-4 Data File Upload Specifications which may be found online at [LINK WILL BE INSERTED BY
EEOC FOR EACH DATA COLLECTION YEAR].
16

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Expiration Date: [TO BE INSERTED BY EEOC UPON ISSUANCE BY OMB]

3. Select a state or local government from the “My State or Local Government List”
screen.
4. Confirm the contacts associated with your state or local government (see the
section entitled “Adding or Changing a State or Local Government’s Contact(s) or
Associated Account(s)” for more details).
5. Confirm information about your state or local government and answer eligibility
screener question (see the section entitled “Correcting a State or Local
Government’s Information in the OFS” for more details).
6. If eligible, report your state or local government’s workforce demographic data
(see the section entitled “Reporting Employee Workforce Demographic Data” for
more details).
7. Review your uncertified EEO-4 report for accuracy (see the section entitled
“Review of the EEO-4 Report” for more details).
8. Certify your EEO-4 report (see the section entitled “Official Certification of
Submission” for more details).
9. Save or print a copy of your certified EEO-4 report (see the section entitled
“Saving/Printing a copy of Submitted/Certified EEO-4 Report” for more details).
The [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 User’s Guide (User’s
Guide), which will be available beginning on [SPECIFIC DATE FOR EACH COLLECTION
CYCLE WILL BE INSERTED BY EEOC] (i.e., the opening of the [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC] EEO-4 data collection), has additional helpful technical
information on how to file an EEO-4 report within the OFS for use by filers if they choose.
The supplementary technical User’s Guide can be accessed by selecting “Resources” on
the “My State or Local Government List” screen within the OFS or by clicking the folder
icon on the top of the screen.
4.1.1 Saving Entries within the OFS
As an account holder advances from one screen to another, the EEO-4 Online Filing
System (OFS) saves their additions/deletions/changes as they click “Next,” “Save,”
“Confirm,” or “Submit.” An account holder must select “Next,” “Save,” “Confirm,” or
“Submit” and advance to the next page to save their additions/deletions/changes.
Otherwise, they will need to re-enter any additions/deletions/changes if they navigate
away from the OFS before clicking “Next,” “Save,” “Confirm,” or “Submit.”
4.1.2 Finishing Required Filing Steps in the OFS
As account holders complete each step of the process on the “State or Local Government
Dashboard” screen, each step will change from “Go →” to “Complete.” After the “Report
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Data (Manual Entry or
Data File Upload)” is shown as “Complete,” the “Review [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC] EEO-4 Report” and the “Certify [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC] EEO-4 Report” steps will show the “Go →” button. While
optional, state and local governments should consider reviewing their report for accuracy

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by selecting “Review [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4
Report.” Once accuracy is confirmed, select “Certify EEO-4 Report” to complete the
certification process. Account holders will then proceed to a screen to enter certification
comments (optional), “Certifying Official” contact information, and certify the EEO-4
report. All contacts linked to the state or local government account will receive an email
indicating the EEO-4 report was certified.
4.2

ACCESSING THE OFS

All individuals responsible for filing a state or local government’s EEO-4 report will be
required to have an individual user account associated with their email address to access
the EEO-4 Online Filing System (OFS). Account holders must submit the state or local
government’s workforce demographic data electronically in the OFS 18 through either (1)
manual data entry 19 or (2) data file upload. 20 The state or local government’s certifying
official must then certify the EEO-4 report in the OFS.
4.2.1 State or Local Governments Filing for the First Time
A new OFS user account can be created by visiting [LINK WILL BE INSERTED BY EEOC FOR
EACH DATA COLLECTION YEAR] and selecting “Create an Account.” After registering for
an account, account holders may log in to the account using their username (i.e., email
address) and their password created in the account creation process.
4.2.2 Existing Account Holders for State or Local Governments which have Previously
Filed
Returning EEO-4 Online Filing System (OFS) account holders who created their account
during or after the 2021 EEO-4 data collection may log in to the OFS by visiting [LINK WILL
BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR] and entering their email
address and password. Returning account holders may be prompted to reset their
password before proceeding. 21 Account holders who do not know their password should
select “Forgot Password.”
4.2.3 New Account Holders for State or Local Governments which have Previously Filed
Individuals who are newly responsible for filing an EEO-4 report for their state or local
government which has previously filed will be required to create an individual user account
associated with their email address to access the EEO-4 Online Filing System (OFS). This
can be done by visiting [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION
YEAR] and selecting “Create an Account.” After creating an account and logging in to the
The EEOC will only accept EEO-4 reports submitted and certified through the OFS. The EEOC will not accept reports
submitted via paper or through other non-OFS electronic means (e.g., email, CD-ROM, flash drive). The EEOC will
consider filers submitting reports outside of the OFS to be non-compliant for purposes of their mandatory EEO-4 filing
obligation.
19
The “manual data entry” option requires directly entering workforce demographic data into the OFS.
20
The “data file upload” option requires uploading a data file that follows EEOC’s EEO-4 Data File Upload Specifications,
accessed on the EEOC’s dedicated EEO-4 website at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION
YEAR].
21
Please note that account holders are required to reset their password every 90 days.
18

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OFS, new account holders can link their individual user account to a state or local
government by selecting “Add State or Local Government” on the “My State or Local
Government List” screen and entering the “Registration ID” and “PIN” provided in the state
or local government filing notifications sent via U.S. postal mail and email prior to the
opening of the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data
collection.
If an account holder does not have the “Registration ID” and “PIN,” they should obtain this
information from their state or local government’s certifying official and enter it into the
OFS. If the account holder does not have access to the “Registration ID” and “PIN,” they
should proceed in the OFS to answer a series of additional prompts. If the state or local
government has previously filed an EEO-4 report, the account holder will be taken to a
“Change of Contact” form in the OFS. 22 Account holders will be asked to provide the
following details in the “Change of Contact” form:






4.3

First Name, Last Name, Title, Phone Number, and Email Address of the person
requesting the change of contact
State or Local Government’s Name
Registration ID (if known)
First Name, Last Name, Title, Phone Number, and Email Address of the new state or
local government’s contact
A verification letter in PDF format on the state or local government’s letterhead from
an authorized state or local government representative approving this change
ADDING AN EXISTING OR NEW STATE OR LOCAL GOVERNMENT TO AN
ACCOUNT

After successfully logging in to the EEO-4 Online Filing System (OFS), account holders may
use the instructions provided in this section to (1) add an existing state or local government
to their account, or (2) register a new state or local government. If after following the
process outlined below, the state or local government is not listed on the “My State or
Local Government List” screen, please contact the Filer Support Team via the online EEO-4
Message Center. 23
4.3.1 Add an Existing EEO-4 State or Local Government to Your Account
Account holders may add an existing state or local government to their account by
selecting “Add State or Local Government” on the “My State or Local Government List”
screen. When adding an existing EEO-4 state or local government, account holders will
follow a series of prompts to: (1) enter the state or local government’s “Registration ID”
Please note that a “Change of Contact” request must be reviewed by the EEO-4 Filer Support Team and may take up to
5-7 business days to be approved.
23
After creating an account, users can communicate with the Filer Support Team via the online EEO-4 Message Center at
[LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR] and access supplementary helpful resources, if
they choose.
22

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and “PIN” if they are known, or (2) be taken to a “Change of Contact” form to request
access to the state or local government’s profile in the EEO-4 Online Filing System (OFS). 24
4.3.2 Adding a New State or Local Government to Your Account
Account holders may add a new state or local government to their account by selecting
“Add State or Local Government” on the “My State or Local Government List” screen.
When adding a new state or local government, account holders will follow a series of
prompts to determine a state or local government’s eligibility to file. If eligibility is
determined, account holders will be asked to provide: (1) the state or local government’s
name and (2) the state or local government’s address.
During the new state or local government registration process, account holders will be
provided with a “Registration ID” and “PIN.” The “Registration ID” and “PIN” can be shared
with other OFS account holders to link their “Individual User Account” with the state or
local government profile.
4.4

ADDING OR CHANGING A STATE OR LOCAL GOVERNMENT’S CONTACT(S) OR
ASSOCIATED ACCOUNT(S) 25

As a part of the EEO-4 filing process, filers will review the contacts and accounts
associated with the state or local government.
4.4.1 Contacts
Contacts are individual representatives of the state or local government with responsibility
for filing and/or certifying the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]
EEO-4 report. They receive critical communications regarding the [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC] EEO-4 report. If there are multiple contacts, one must
be selected as the “Primary Point of Contact (POC) for EEO-4 Reporting” (i.e., “Primary
POC”).
4.4.2 Accounts 26
Individuals listed under Accounts have associated their EEO-4 Online Filing System (OFS)
account with the state or local government. Individuals added under Accounts will receive
instructions and the information needed to associate the state or local government with
their account (i.e., the “Registration ID” and “PIN” for this state or local government).
Please note that contacts must also be listed in the Accounts section to have access to the
state or local government within the OFS.
24
See the section entitled “New Account Holders for State or Local Governments which have Previously Filed” for more
information about the Change of Contact process.
25
Please note that a state or local government may have more than one contact in the OFS. The EEOC strongly
encourages state or local governments to include more than one contact to ensure the state or local government
receives critical notifications about the EEO-4 data collection.
26
If an individual needs to link their EEO-4 Online Filing System (OFS) account to a state or local government, they should
follow the instructions in the section entitled “Adding an Existing or New State or Local Government to an Account.”

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To add a new account, select “Add Account” and fill out the required information. Upon
completion, the added individual will receive instructions on how to create an account
within the OFS if they do not already have one, as well as the “Registration ID” and “PIN”
associated with the state or local government. This will provide the user with access to
maintain and update the state or local government record.
To unlink an account from the state or local government record, select “Unlink” beside the
account holder’s First Name. This will revoke the user’s access to the state or local
government record in the OFS.
4.5

CORRECTING A STATE OR LOCAL GOVERNMENT’S INFORMATION IN THE OFS 27

Most state or local government information can be edited in the EEO-4 Online Filing
System (OFS). The “Registration ID” is the only exception – this cannot be edited by
account holders. To update state or local government information, log in to the OFS and
select a state or local government from the “My State or Local Government List” screen.
On the “State or Local Government Dashboard” screen, select the “Confirm State or Local
Government Details” step. Follow the prompts within this step to confirm or update the
state or local government’s information.
4.6

REPORTING EMPLOYEE DEMOGRAPHIC WORKFORCE DATA

State and local governments with 100 or more employees are required to report biennially
the number of individuals they employ by job category and by sex, salary band, and race or
ethnicity. The state or local government must submit its workforce demographic data by:
•
•

Manually entering the data into the EEO-4 Online Filing System (OFS), or
Uploading a data file using the approved [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC] EEO-4 Data File Upload template. 28

The EEO-4 report is the aggregate report for the entire state or local government. The report
for the state or local government must provide summary data for all personnel employed
by the state or local government broken down into three sections (1) Full-Time Staff (Pay
Period That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]);
(2) Other Than Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC]); and (3) Full-Time New Hires (July 1, [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC] – June 30, [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC]). 29 The workforce demographic data reported for Full-Time
Staff and Other Than Full-Time Staff must reflect the pay period that includes June 30th of
Please note that once data collection closes for a particular reporting cycle, state and local governments are not able
to retroactively correct and/or update any workforce demographic data reported during that cycle.
28
The “data file upload” option requires uploading a data file that follows EEOC’s EEO-4 Data File Upload Specifications,
accessed on the EEOC’s dedicated EEO-5 website at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION
YEAR].
29
See Appendix B for definitions of “Full-Time Staff,” “Other Than Full-Time Staff,” and “Full-Time New Hires.”
27

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the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]). The
workforce demographic data reported for Full-Time New Hires must reflect employees
hired for the first time or rehired after a break in service for Full-Time employment between
July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC], and June 30, [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]. Please note that Full-Time New Hires
must also be included (i.e., counted) as Full-Time Staff if they were employed on a full-time
basis during the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]) and otherwise meet the requirements of
the definition of Full-Time Staff.
4.6.1 Reporting by Race or Ethnicity
Voluntary self-identification by employees is the preferred method of identifying the race
and/or ethnicity information required for the EEO-4 report.
For purposes of the EEO-4 report, the basic principles for race or ethnicity selfidentification 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) to solicit self-identification:
“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.”
If an employee declines to self-identify their race and/or ethnicity, employment records or
observer identification may be used. Where records are maintained, they should be kept
separately from the employee’s basic personnel file or other records available to those
responsible for personnel decisions.
Definitions of the race and ethnicity categories used by the EEOC for purposes of EEO-4
reporting are found below in Appendix A of the Instruction Booklet. Instructions for
assigning employees into these categories are also provided in Appendix A. 30
Please note that race and ethnicity designations, as used by the EEOC for the EEO-4 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.

30

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4.6.2 Reporting by Sex
The EEO-4 data collection currently provides only binary options (i.e., male or female) for
reporting employee counts by job category and by sex, salary band, and race or ethnicity.
However, employers may voluntarily choose to report employee demographic data for
non-binary employees – that is, employees who do not identify as exclusively male or
female – by sex (i.e., non-binary), job category, salary band, and race or ethnicity in the
“Remarks About This Function Report” (“Remarks”) section of the applicable function
report. Employers that voluntarily choose to report non-binary employees in the
“Remarks” section of the report should not assign such employees to the male or female
categories or any other categories (i.e., job category, salary band, and race or ethnicity)
within the report.
For employers that voluntarily choose to provide demographic data for their non-binary
employees, they may do so in the “Remarks” of the applicable function report in the OFS
(e.g., Function Report 9 - Housing). 31 Please follow the instructions in the above section of
the Instruction Booklet entitled “Reporting by Race or Ethnicity” when deciding whether to
report an employee as male, female, or non-binary. If the sex reported by an employee
during voluntary self-identification differs from the sex recorded in the employee’s
employment records, the employer should report the former (i.e., self-identification) and
not the latter (i.e., employment records).
Employers choosing to voluntarily report employee demographic data for non-binary
employees should preface any such data in the “Remarks About This Function Report”
(“Remarks”) section of the applicable function report in the OFS with the phrase
“Additional Non-Binary Employee Data:”. For example:
“Additional Non-Binary Employee Data: 1 Full-Time non-binary employee in job category
Professionals; Salary Band: $19,240 - $24,959; Race/Ethnicity: White (Not Hispanic or
Latino). 3 Other Than Full-Time non-binary employees in job category Technicians;
Race/Ethnicity: Employee 1 – Black or African American (Not Hispanic or Latino), Employee
2 – Hispanic or Latino, Employee 3 – Two or More Races (Not Hispanic or Latino). 2 FullTime New Hire non-binary employees in job category Paraprofessionals; Race/Ethnicity:
Employee 1 – Asian (Not Hispanic or Latino), Employee 2 – Two or More Races (Not
31
For example, a state or local government that has a total of 50 Full-Time housing staff and is voluntarily reporting 2 of
those employees as non-binary in the “Remarks About This Function Report” (“Remarks”) section of Function Report 9
(Housing) should show a Full-Time employee count of 48 Full-Time employees (i.e., less the 2 non-binary employees
reported in the “Remarks” section) in the “Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC])” section of Function Report 9 (Housing). Also, please note that the voluntary reporting of
non-binary employees does not impact the employee threshold for EEO-4 reporting purposes. For example, if a state or
local government has a total of 100 staff (i.e., 100 staff across both Full-Time and Other Than Full-Time Staff across all
functions), of which 5 are voluntarily reported as non-binary in the “Remarks” sections of the appropriate Function
Report(s), the state or local government is still required to file even though the total number of employees across the
“Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC])” and
“Other Than Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC])” sections of the state or local government’s Consolidated Report would reflect only 95 employees.

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Hispanic or Latino).” 32
4.6.3 Reporting by Job Category
The job categories used by the EEOC for purposes of EEO-4 reporting are found below in
Appendix C. Each job category includes a brief description of the skills and training
required for occupations in that classification. The examples provided are illustrative and
not intended to be exhaustive of all job titles in a job category. These job categories are
primarily based on the average skill level, knowledge, and responsibility involved in each
occupation within the job category. State and local governments should select the job
category that best reflects the job function performed by each employee.
4.6.4 Reporting by Salary Band
Full-Time Staff data must be reported by annual salary within the job category and salary
band. 33 When employees are not paid on an annual basis, their regular earnings in the pay
period that includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL
BE INSERTED BY EEOC]) must be expressed in terms of an annual salary. All special
increments of an employee’s annual salary which are regular and recurrent should be
included. Overtime pay should not be included. For convenience, each salary band is
presented as an annual wage and hourly wage in Appendix C.
4.6.5 Reporting by Function
The workforce demographic data reported within the EEO-4 Report is organized into 15
functions, which are listed in Table 1 but defined fully for the purposes of EEO-4 reporting
in Appendix E.
Table 1. EEO-4 Functions
1. Financial Administration / General Control
2. Streets and Highways
3. Public Welfare
4. Police Protection
5. Fire Protection
6. Natural Resources / Parks and Recreation
7. Hospitals
8. Health

9. Housing
10. Community Development
11. Corrections
12. Utilities and Transportation
13. Sanitation and Sewage
14. Employment Security
15. Other (Specify)

32
Please note that filers voluntarily choosing to provide such data through the data file upload option must ensure that
any remarks submitted do not contain any commas. See “Field [SPECIFIC FIELD TO BE INSERTED BY EEOC]” in the
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Data File Upload Specifications.
33
Beginning with the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data collection, the EEOC
updated the salary bands for purposes of EEO-4 reporting to keep pace with inflation and account for an increasing
portion of employees falling into the highest salary bands. The EEOC reviewed several other federal data collections of
salaries and wages and determined that the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics
(OEWS) program most closely aligns with the EEO-4. See Appendix C for more details.

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For each function, a state or local government must provide workforce demographic data if
at least one Full-Time, Other Than Full-Time, or Full-Time New Hire employee was on the
payroll and performing that function during the applicable Workforce Snapshot Period (see
the section entitled “Workforce Snapshot Period” for more details). When an employee is
employed in more than one function, the employee should be reported for the function
that accounts for most of the employee’s work time. 34 When workforce demographic data
is not available centrally for a specific function, EEO-4 filers must obtain and aggregate
data from all relevant departments and/or agencies for that function.
Within each function, state and local governments must list the name of each department
or agency whose workforce demographic data were included in “Departments/Agencies
Included in This Function Report.” 35 If a state or local government cannot supply workforce
demographic data for every department or agency that performs a specific function, it
must list the name and address of each department or agency for which workforce
demographic data has not been included under “Departments/Agencies Not Included in
This Function Report.”
Beginning with the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data
collection, a new “Consolidated Report” has been added to the EEO-4 Report that
contains the workforce demographic data across all functions reported by a state or local
government. The “Consolidated Report” will be auto-populated and auto-generated by the
EEO-4 Online Filing System (OFS) and is the first report listed in “Section F: Employment
Data.” It contains summary data for all personnel employed by the state or local
government across all functions, broken down into three sections: (1) Full-Time Staff (Pay
Period That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]);
(2) Other Than Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC]); and (3) Full-Time New Hires (July 1, [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC] – June 30, [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC]. 36
Although a “Consolidated Report” is auto-populated and auto-generated in the OFS, a
state or local government is still responsible for ensuring the total employee counts in the
“Consolidated Report” match the total number of employees the state or local government
is reporting across its multiple function reports prior to certification. The state or local
government must also ensure that it has reported for all its performed functions. For
example, if a state or local government performs 10 functions, but only reported data for 8
functions, the “Consolidated Report” will only reflect the data for functions submitted (i.e.,
If the employee spends the exact same time performing two or more functions, report the employee in the most critical
function.
35
For example, Function 1 might include the following departments/agencies: Office of the Tax Collector, Office of the
Mayor, Office of the District Attorney, etc.
36
The “Consolidated Report” will be generated by the EEO-4 Online Filing System (OFS) using all completed function
reports.
34

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8). It is the responsibility of the state or local government to ensure that data for each of its
performed functions has been submitted into the OFS and that the “Consolidated Report”
reflects the correct total number of: (1) Full-Time Staff (Pay Period That Includes June 30,
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]); (2) Other Than Full-Time Staff
(Pay Period That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC]); and (3) Full-Time New Hires from July 1, [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC] through June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC]. 37
4.6.6 Manual Data Entry
Once a state or local government gathers the counts for each combination of job category,
sex, salary band, and race or ethnicity for Full-Time Staff, Other Than Full-Time Staff, and
Full-Time New Hires, it can enter the data manually into the data grid inside the [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Online Filing System (OFS).
4.6.7 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 EEOC’s [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC] EEO-4 Data File Upload Specifications, available under
the “Resources” screen within the EEO-4 Online Filing System (OFS), before uploading a
file.
4.6.8 Workforce Snapshot Period
A state or local government’s workforce demographic data in their EEO-4 report must be
provided as of the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]). The employment status under which
Full-Time Staff and Other Than Full-Time Staff are reported must also be based on their
employment as of the pay period that includes June 30th of the reporting year (i.e.,
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]). The EEO-4 report separately
captures Full-Time New Hires who are on the payroll for the first time or rehired after a
break in service for Full-Time employment between July 1, [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC], and June 30, [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]. These Full-Time New Hires must also be included (i.e., counted)
under Full-Time Staff if they were employed on a full-time basis during the pay period that
includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE
As discussed in the below section of the Instruction Booklet entitled “Reporting by Sex,” the EEO-4 data collection
currently provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, salary
band, and race or ethnicity. However, employers may voluntarily choose to report employee demographic data for nonbinary employees – that is, employees who do not identify as exclusively male or female – by sex (i.e., non-binary), job
category, salary band, and race or ethnicity in the “Remarks” section of the report(s). Employers that voluntarily choose
to report non-binary employees in the “Remarks” section of the report(s) should not assign such employees to the male
or female categories or any other categories (i.e., job category, salary band, and race or ethnicity) within the report(s). For
additional information on the voluntary reporting of non-binary employees, please refer to the section of the Instruction
Booklet entitled “REPORTING BY SEX,” above.
37

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INSERTED BY EEOC]).
Within Section F (i.e., Employment Data), Full-Time Staff must be counted by job category
and by sex, salary band, and race or ethnicity. 38 Each Full-Time employee must be counted
in only one of the job category, sex, salary band, and race or ethnicity classifications.
Other than Full-Time Staff and Full-Time New Hires must be counted by job category, sex,
and race or ethnicity. Each Other Than Full-Time employee and Full-Time New Hire must
be counted in only one of the job category, sex, and race or ethnicity classifications.
If a Full-Time (or Other Than Full-Time) employee was employed during the pay period that
includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]), then the state or local government must include the employee in its
Full-Time (or Other Than Full-Time) reporting even if the employee resigned or was
terminated during or after this pay period. If the Full-Time (or Other Than Full-Time)
employee was employed at any time during this pay period, then the employee must be
reported. A state or local government is not required to report Full-Time (or Other Than
Full-Time) employees who were not employed at any time during the pay period that
includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]).
If a Full-Time New Hire was on the payroll for the first time or rehired after a break in service
for Full-Time employment between July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED
BY EEOC]), and June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC], then
the state or local government must include the employee in its Full-Time New Hire
reporting even if the employee resigned or was terminated during or after this period. If the
Full-Time New Hire was on the payroll at any time during this period, then the employee
must be reported. A state or local government is not required to report in its Full-Time New
Hire reporting any employee who was not a Full-Time New Hire for the first time or rehired
after a break in service for Full-Time employment between July 1, [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC]), and June 30, [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]).
4.7

REVIEW OF THE EEO-4 REPORT

As a part of the EEO-4 filing process, state and local governments can download and
preview an uncertified EEO-4 report prior to certification. This step is optional but strongly
encouraged. If any changes to the EEO-4 report are necessary prior to certification, filers
can return to the applicable step above to make those changes.
4.8

OFFICIAL CERTIFICATION OF SUBMISSION

Once a state or local government’s report has been completed, the name and contact
information for the state or local government’s “Certifying Official” and the state or local
38

See Appendix A below for descriptions of the job categories.

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government’s “Primary Point of Contact (POC) for EEO-4 Reporting” (i.e., “Primary POC”)
for receiving communications from the EEOC regarding the report must be provided in the
OFS. 39 The “Certifying Official” will certify to the below statement within the OFS.
“I certify that the information, including any workforce demographic data, provided
in this report is correct and true to the best of my knowledge and was prepared in
conformity with the directions set forth in the form and accompanying instructions.”
Below this statement, the EEOC provides written notice to the “Certifying Official” that
“[k]nowingly and willfully false statements on this report are punishable by law, US Code,
Title 18, Section 1001.”
Please note that if a state or local government fails to complete the final step to certify its
EEO-4 report within the EEO-4 Online Filing System (OFS), the status of the state or local
government’s filing will be considered “incomplete” by the EEOC. 40 Any state or local
government that has not certified its submission in the OFS by the “Published Due Date”
(i.e., published deadline) will receive a “Notice of Failure to File” from the EEOC requesting
that the state or local government certify its submission in order to complete the required
filing.
4.9

SAVING/PRINTING A COPY OF SUBMITTED/CERTIFIED EEO-4 REPORT

After certification, the “State or Local Government Dashboard” screen will display “Thank
you for completing the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4
report.” Account holders may save and/or print a PDF copy of their submitted and certified
EEO-4 report by selecting “↓ Report” on this screen.
If you have completed the certification step prior to the end of the data collection and find
an error in your EEO-4 report, select “Decertify” and make the required edits. After
correcting errors, you must repeat the steps outlined above to recertify your EEO-4
report. 41 Any state or local government that has not certified its submission in the OFS by
the “Published Due Date” (i.e., published deadline) will receive a “Notice of Failure to File”
from the EEOC requesting that the state or local government certify its submission in order
to complete the required filing.

State and local governments are permitted to have the same individual serve as both the “Certifying Official” and the
“Primary Point of Contact (POC) for EEO-4 Reporting” (i.e., “Primary POC”) for the state or local government’s “Official
Certification of Submission.” However, the individual serving as the “Certifying Official” must be an official (i.e.,
employee) of the state or local government.
40
Please note that even if the state or local government has submitted data for its required report, the filing will not be
considered complete by the EEOC until the state or local government certifies its submission in the EEO-4 Online Filing
System (OFS).
41
Even if the state or local government has submitted data for its required report, the filing will not be considered
complete by the EEOC until the state or local government certifies its submission in the EEO-4 Online Filing System
(OFS).
39

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4.9.1 Accessing Prior Year Filed Reports
Historic EEO-4 reports will be available in the EEO-4 Online Filing System (OFS) for all
reports filed beginning with the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]
EEO-4 data collection. 42 Select the state or local government in the “My State or Local
Government List” screen to access the “State or Local Government Dashboard,” and click
on “Historic EEO-4 Reports” to download any available report from prior data collections.

5. OFS REQUIRED FILING INFORMATION
As part of the EEO-4 filing process, in addition to submitting workforce demographic data if
required to do so, a state or local government is required to provide certain identifying
information about the state or local government within the EEO-4 Online Filing System
(OFS). The state or local government must also complete a set of questions to determine
whether it meets the eligibility requirements to submit EEO-4 workforce demographic data.
The information provided by a state or local government in the sections and sub-sections
discussed below will be included in the final, certified, downloadable EEO-4 report
generated by the OFS. 43 Please note that all state or local governments may preview and
review uncertified PDF versions of their reports prior to the state or local government’s
official certification of submission to the EEOC.
5.1

SECTION A: STATE AND LOCAL GOVERNMENT IDENTIFICATION

This section contains identifying information about the state or local government, including
the state or local government’s name, address, and “Registration ID.” The “Registration
ID” is a unique, eight-character EEO-4 Online Filing System (OFS) identification number
associated with each state or local government. It is assigned by the EEOC.
5.2

SECTION B: TYPE OF GOVERNMENT

In this section, the state or local government must select only one of the following
government options:
•
•
•
•
•

State
County
City
Township
Special District

Report availability is dependent on the state or local government’s filing history.
Appendix F of the Instruction Booklet contains a “sample” of an EEO-4 report generated by the EEOC’s EEO-4 Online
Filing System (OFS). Filers are not permitted to submit EEO-4 workforce demographic data using this sample. The EEOC
requires electronic submission of EEO-4 reports through the OFS, the agency’s web-based data collection application
(i.e., portal). The OFS is accessible at [LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR]. The EEOC
will only accept an EEO-4 report submitted and certified through the OFS. The EEOC will not accept reports submitted via
paper or through other non-OFS electronic means (e.g., email, CD-ROM). The EEOC will consider filers submitting reports
outside of the OFS to be non-compliant for purposes of their mandatory EEO-4 filing obligation.
42
43

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•
5.3

Other (Specify)

SECTION C: ELIGIBILITY

As part of the EEO-4 filing process, state and local governments must answer an eligibility
question within the EEO-4 Online Filing System (OFS) to determine if they are legally
required to submit workforce demographic data to the EEOC. 44 A state or local government
must complete the entire EEO-4 report if it answers “Yes” to the following eligibility
question:
“For the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC]), did your state or local government have 100 or more
employees? This includes both Full-Time Staff and Other Than Full-Time Staff.”
If the state or local government answers “No” to this question, it is still required to submit
a [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 report certifying its
ineligibility.
5.4

SECTION D: FUNCTIONS

This section contains a summary of the function(s) the state or local government performs,
which will be selected by the state or local government in the EEO-4 Online Filing System
(OFS).
5.5

SECTION E: OFFICIAL CERTIFICATION OF SUBMISSION

This section will appear in the PDF version of the state or local government’s EEO-4 report
generated by the EEO-4 Online Filing System (OFS).
Please note that if a state or local government fails to complete the final step to certify its
EEO-4 report within the OFS, the status of the state or local government’s filing will be
considered “incomplete” by the EEOC. 45 Any state or local government that has not
44
The specific eligibility requirements for filing are discussed in detail in the above section of the Instruction Booklet
entitled “WHO MUST FILE.” Please note that a state or local government that receives an EEO-4 filing notice from the
EEOC but believes it is not required to file must access the EEO-4 Online Filing System (OFS) to complete the embedded
eligibility screener. If the screener confirms eligibility, the state or local government must follow the prompts to submit
and certify the required workforce demographic data. If the eligibility screener indicates the state or local government is
ineligible to file, the state or local government must certify that it is ineligible in the OFS. Failure to certify ineligibility
through the OFS will result in future EEO-4 filing notices being sent to the state or local government by the EEOC.
Additionally, a state or local government that receives an EEO-4 filing notice from the EEOC but has ceased operations
must also access the OFS to complete the eligibility screener. If the eligibility screener indicates the state or local
government is ineligible to file, the state or local government must certify that is ineligible and has ceased operations in
the OFS. Similarly, failure to certify ineligibility through the OFS will result in future EEO-4 filing notices being sent to the
state or local government by the EEOC.
45
Please note that even if the state or local government has submitted data for its required report, the filing will not be
considered complete by the EEOC until the state or local government certifies its submission in the EEO-4 Online Filing
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certified its submission in the OFS by the “Published Due Date” (i.e., published deadline)
will receive a “Notice of Failure to File” from the EEOC requesting that the state or local
government certify its submission in order to complete the required filing. This section
contains the following information:
5.5.1 Certification Comments (optional) 46
A state or local government may provide the EEOC with any final comments regarding its
submission in this section. Any comments provided will be populated in this section. If no
comments are submitted, “No Certification Comments Provided” will be populated in this
section.
5.5.2 Certification Statement
The employer’s “Certifying Official” will certify to the following statement in the OFS:
“I certify that the information, including any workforce demographic data, provided
in this report is correct and true to the best of my knowledge and was prepared in
conformity with the directions set forth in the form and accompanying
instructions.”
Below this statement, the EEOC provides written notice to the “Certifying Official” that
“[k]nowingly and willfully false statements on this report are punishable by law, US Code,
Title 18, Section 1001.”
5.5.3 Date of Certification
The EEO-4 Online Filing System (OFS) will automatically generate the month, day, year,
and time (e.g., [DATE WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION YEAR]
9:00 AM) that the submission was certified by the state or local government in the OFS.
5.5.4 State or Local Government Certifying Official
The individual serving as the “Certifying Official” must be an official (i.e., employee) of the
state or local government.
This section contains the following information:
• Name of Employer’s Certifying Official
• Title of Certifying Official
As discussed in the above section of the Instruction Booklet entitled “Reporting by Sex,” the EEO-4 data collection
currently provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, and race
or ethnicity. However, state or local governments may voluntarily choose to report employee demographic data for nonbinary employees – that is, employees who do not identify as exclusively male or female – by sex (i.e., non-binary), job
category, salary band, and race or ethnicity in the “Remarks About This Function Report” within Section F “Employment
Data” of the report. State and local governments that voluntarily choose to report non-binary employees in the “Remarks
About This Function Report” within Section F “Employment Data” of the report should not assign such employees to the
male or female categories or any other categories (i.e., job category, salary band, and race or ethnicity) within the report.
For additional information on the voluntary reporting of non-binary employees, please refer to the above section of the
Instruction Booklet entitled “Reporting by Sex.”
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•
•

Email Address of Certifying Official
Telephone Number of Certifying Official

5.5.5 Primary Point of Contact for EEO-4 Reporting
In addition to a “Certifying Official,” a state or local government must provide a “Primary
Point of Contact (POC) for EEO-4 Reporting” (i.e., “Primary POC”) for receiving
communications from the EEOC regarding the report. A state or local government may
choose the same individual to serve as both its “Certifying Official” and “Primary POC.”
Alternatively, a state or local government may provide a different individual to be its
“Primary POC.” However, the “Certifying Official” must be an official (i.e., employee) of
the state or local government.
5.6

SECTION F: EMPLOYMENT DATA

This section contains the state or local government’s workforce demographic data (i.e.,
employee data by job category and by sex, salary band, and race or ethnicity) for each
function selected in Section C: Function. 47 The EEO-4 report is the aggregate report for the
entire state or local government. The report for the state or local government must provide
summary data for all personnel employed by the state or local government, broken down
into three sections: (1) Full-Time Staff (Pay Period That Includes June 30, [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]); (2) Other Than Full-Time Staff (Pay Period
That Includes June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]); and (3)
Full-Time New Hires (July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] –
June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]). 48 The workforce
demographic data reported for Full-Time Staff and Other Than Full-Time Staff must reflect
the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC]). The EEO-4 report separately captures Full-Time New
Hires who are on the payroll for the first time or rehired after a break in service for Full-Time
employment between July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC],
and June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]. These Full-Time
New Hires must also be included (i.e., counted) in the Full-Time Staff section if they were
employed on a full-time basis during the pay period that includes June 30th of the reporting
year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]).

As discussed in the above section entitled “Reporting by Sex,” the EEO-4 data collection currently provides only binary
options (i.e., male or female) for reporting employee counts by job category, salary band, and by sex, salary band, and
race or ethnicity. However, state and local governments may voluntarily choose to report employee demographic data for
non-binary employees – that is, employees who do not identify as exclusively male or female – by sex (i.e., non-binary),
job category, and race or ethnicity in the “Remarks” section of the report. State and local governments that voluntarily
choose to report non-binary employees in the “Remarks” section of the report should not assign such employees to the
male or female categories or any other categories (i.e., job category, salary band, and race or ethnicity) within the report.
For additional information on the voluntary reporting of non-binary employees, please refer to the above section entitled
“Reporting by Sex.”
48
See Appendix B for definitions of “Full-Time Staff,” “Other Than Full-Time Staff,” and “Full-Time New Hires.”
47

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5.6.1 Full-Time Staff
The Full-Time Staff section must include workforce demographic data for all Full-Time Staff
employed during the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]), except for certain exempted elected and
appointed officials. 49 If an employee is employed on a full-time basis by the state or local
government but assigned to one or more departments on a part-time basis in each, that
employee must be reported as a Full-Time Staff in this section.
Additionally:
•
Full-Time New Hires must also be included (i.e., counted) in the Full-Time Staff
section if they were employed on a full-time basis during the pay period that
includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL
BE INSERTED BY EEOC]) and otherwise meet the requirements of this section.
•
Every Full-Time employee employed during the pay period that includes June
30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED
BY EEOC]) must be accounted for in one and only one of the listed functions.
•
Full-Time Trainees should be considered Full-Time Staff.
•
When employees receive separate salaries or payments from two or more state
or local governments during the pay period that includes June 30th of the
reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]),
but work full-time for one, those employees should be counted as Full-Time
employees by the state or local government for which they work full-time.
Additionally, those employees’ annual salaries, to the extent possible, should
reflect their total earnings from all state and local governments from which they
are paid.
•
When a Full-Time employee is employed in more than one function during the
pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]), the employee should be
reported for the function that accounts for most of the employee’s work time. 50
5.6.2 Other Than Full-Time Staff
The Other Than Full-Time Staff section must include workforce demographic data for all
employees employed during the pay period that includes June 30th of the reporting year
(i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]), except for certain
exempted elected and appointed officials, 51 who:
•
•

are not already included in the Full-Time Staff section, and
are usually engaged for less than the regular full-time work week. 52

See Appendix B below for the more details on the definition of “Employee.”
If the employee spends the exact same time performing two or more functions, report the employee in the most critical
function.
51
See Appendix B below for the more details on the definition of “Employee.”
52
See Appendix B below for the more details on the definition of “Employee.”
49
50

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Other Than Full-Time Staff include, but are not limited to, the following: (1) daily or hourly
employees usually engaged for less than the regular full-time work week; (2) temporary
employees who work on a seasonal basis (whether part-time or full-time) or are hired for
the duration of a particular job or operation, including public employment programs; and
(3) intermittent employees. If an employee is employed on a full-time basis by the state
or local government but assigned to one or more functions on a part-time basis in each,
that employee must be reported as Full-Time Staff.
Additionally:
•

•

•

When employees are employed Other Than Full-Time by different state or
local governments during the pay period that includes June 30th of the reporting
year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]), they
should be reported as Other Than Full-Time employees of the separate state
and local governments.
Employees who are employed Other Than Full-Time by different state or local
governments during the pay period that includes June 30th of the reporting year
(i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]) for a specified
temporary appointment, such as a public employment program, must be
considered Other Than Full-Time Staff.
When an Other Than Full-Time employee is employed in more than one function
during the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]), the employee should be
reported for the function that accounts for most of the employee’s work time. 53

5.6.3 Full-Time New Hires (July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC] – June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC])
The Full-Time New Hires section must include workforce demographic data for all FullTime employees who were hired for the first time or rehired after a break in service for FullTime employment by a state or local government and who appear on the payroll between
July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC], and June 30, [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC], except for certain exempted elected and
appointed officials. 54,55 Specifically, Full-Time New Hires refers to employees who were
hired for the first time or rehired after a break in service for Full-Time employment by the
state or local government.
Do not report an employee who has been on sabbatical or any other type of leave that is
not considered a break in service as a Full-Time New Hire. Additionally, employees with
a change in job category or a promotion should not be reported as Full-Time New Hires.
Please note that Full-Time New Hires must also be included (i.e., counted) in the Full-Time
53
If the employee spends the exact same time performing two or more functions, report the employee in the most critical
function.
54
See Appendix B below for more details on the definition of “Full-Time New Hires.”
55
See Appendix B below for the more details on the definition of “Employee.”

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Staff section if they were employed on a full-time basis during the pay period that includes
June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC]) and otherwise meet the requirements of that section.
Additionally, Full-Time New Hires should be included in this section even if they were
terminated prior to the end of the fiscal year.
5.6.4 Departments/Agencies Included in This Function Report
For each function, the state or local government must list the name of each department or
agency whose workforce demographic data has been provided. See the section entitled
“Reporting by Function” for more details.
Important Note: State and local governments must include in this section the National
Crime Information Center (NCIC) numbers assigned by the U.S. Department of Justice for
any criminal justice departments/agencies whose data are included in the report.

5.6.5 Departments/Agencies Not Included in This Function Report
For each function, the state or local government must list the name and address of each
department or agency for which the state or local government performs the indicated
function but cannot provide workforce demographic data. See the section entitled
“Reporting by Function” for more details.
5.6.6 Remarks About This Function Report
After entering workforce demographic data for each section above (i.e., Full-Time Staff,
Other Than Full-Time Staff, and Full-Time New Hires), state and local governments may
include optional remarks, explanations, or other pertinent information regarding the report
in this section.

6. FAILURE TO FILE
The deadline to file the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4
report is [SPECIFIC DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED BY EEOC]
(i.e., “Published Due Date”).
Following the [SPECIFIC DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED BY
EEOC] “Published Due Date” deadline, the EEOC will enter the “Failure to File” phase. All
state and local governments who have not submitted and certified their mandatory
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 report by the [SPECIFIC
DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED BY EEOC] “Published Due
Date” deadline will receive a “Notice of Failure to File” from the EEOC instructing them to
submit and certify their data as soon as possible, and no later than [SPECIFIC DATE FOR

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EACH COLLECTION CYCLE WILL BE INSERTED BY EEOC] (i.e., “Failure to File” deadline).
After the [SPECIFIC DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED BY EEOC]
“Failure to File” deadline passes, no additional [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC] EEO-4 reports will be accepted, and eligible state and local
governments will be out of compliance with their mandatory [SPECIFIC REPORTING YEAR
WILL BE INSERTED BY EEOC] EEO-4 filing obligations. Pursuant to EEOC regulation 29 CFR
1602.34, any state or local government “failing or refusing” to file their EEO-4 report when
required to do so may be compelled to file by order of a U.S. district court, upon
application of the Attorney General. 56

7. APPLICATION FOR UNDUE HARDSHIP EXEMPTION 57
The EEOC’s EEO-4 regulation at 29 CFR Part 1602 Subpart M. § 1602.32 requires eligible
state and local governments to file “…in conformity with the directions set forth in the form
and accompanying instructions.” Pursuant to 29 CFR § 1602.35, if a state or local
government claims that the preparation or filing of the [SPECIFIC REPORTING YEAR WILL
BE INSERTED BY EEOC] EEO-4 Report would an create undue hardship, the state or local
government may apply to the Commission for an exemption by submitting a written
exemption application pursuant to the directions contained herein. 58
The Commission will grant an undue hardship exemption only if the state or local
government has demonstrated in its written exemption application how the preparation or
filing of the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 Report would
create undue hardship. 59 Please note that while an application is pending, the applicant
(i.e., state or local government) must continue to collect and prepare the data required for
the report in case the exemption request is denied.
All exemption applications must be submitted in writing and sent to the following mailing
address:
U.S. Equal Employment Opportunity Commission (EEOC)
Attention: Office of Enterprise Data and Analytics (OEDA)
See 29 CFR § 1602.34
29 CFR § 1602.32 requires eligible state and local governments to file "in conformity with the directions set forth in the
form and accompanying instructions.” For purposes of the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]
EEO-4 data collection, the instructions for submitting an exemption application are provided in this section of the
Instruction Booklet.
58
Please note that a Notice of Proposed Rulemaking (NPRM) was published in the Federal Register on October 11, 2024,
in which the EEOC proposes to amend its regulations regarding recordkeeping and reporting requirements. See
https://www.federalregister.gov/documents/2024/10/11/2024-23327/recordkeeping-and-reporting-requirements-undertitle-vii-the-ada-gina-and-the-pwfa. Specifically, the NPRM proposes to delegate authority for making determinations on
hardship exemption applications, to set forth the procedure for applying for exemptions, and to provide a non-exhaustive
list of criteria for considering exemption applications.
59
Please note that an application for an undue hardship exemption is for consideration of an exemption from filing a state
or local government’s mandatory EEO-4 report. It is not an application for an extension of either the “Published Due
Date” deadline or the final “Failure to File” deadline.
56
57

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131 M Street NE
Washington, DC 20507
Exemption applications must be postmarked on or before the following date: [SPECIFIC
DATE FOR EACH COLLECTION CYCLE WILL BE INSERTED BY EEOC]. Only exemption
applications submitted according to the above instructions will be accepted for
consideration. 60 Filers are not permitted to submit an exemption application via email or
through the EEO-4 Online Filing System (OFS). Additionally, any exemption applications
postmarked after the above date will not be considered.

8. 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. § 2000e8(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 particular filer or reveal any individual
employee’s personal information.
With respect to other federal agencies with a legitimate law enforcement purpose, the
EEOC gives access to information collected under Title VII only if the agencies agree in
writing to comply with the confidentiality provisions of Title VII. In addition, section 709(d)
of Title VII (42 U.S.C. 2000e-8(d)) provides that the EEOC shall furnish upon request and
without cost to state or local civil rights agencies information about employers in their
jurisdiction on the condition that they not make it public prior to starting a proceeding
under state or local law involving such information. The EEOC shares EEO-4 data with Fair
Employment Practices Agencies (FEPAs) pursuant to Worksharing Agreements that
impose obligations on the contracted FEPA with respect to confidentiality, privacy, and
data security. On a case-by-case basis, the EEOC may share EEO-4 data with a FEPA that
does not have a Worksharing Agreement, but only if that FEPA agrees to comply with
confidentiality, privacy, and data security obligations similar to those imposed on FEPAs
with Worksharing Agreements.

9. BURDEN ESTIMATE
Comments regarding the burden associated with the collection of [SPECIFIC REPORTING
YEAR WILL BE INSERTED BY EEOC] EEO-4 data under the Paperwork Reduction Act (PRA),61
including suggestions for reducing burden, may be submitted at any time to either the
EEOC or the Office of Management and Budget (OMB) at the following mailing addresses:
60
Please note that applications submitted to EEOC field offices or other offices within EEOC headquarters will not be
considered.
61
The full text of the OMB regulations on the PRA may be found at 5 CFR Part 1320.

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U.S. Equal Employment Opportunity Commission (EEOC)
Attention: Office of Enterprise Data and Analytics (OEDA)
131 M Street NE
Washington, DC 20507
OR
Paperwork Reduction Act (3046-0008)
Office of Management and Budget
Washington, DC 20503

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APPENDIX A: RACE AND ETHNICITY CATEGORIES
A.1

DEFINITIONS OF RACE AND ETHNICITY CATEGORIES 62

A.1.1 Hispanic or Latino
A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish
culture or origin regardless of race.
A.1.2 White
A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
A.1.3 Black or African American
A person having origins in any of the black racial groups of Africa.
A.1.4 Native Hawaiian or Other Pacific Islander
A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific
Islands.
A.1.5 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.
A.1.6 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.
A.1.7 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.

62
Please note that on March 28, 2024, OMB published revisions, the first since 1997, to its Statistical Policy Directive No.
15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” See
https://spd15revision.gov/. The revisions include, for example, using a single combined race and ethnicity question and
adding Middle Eastern or North African (MENA) as a new minimum reporting category. Federal agencies, including the
EEOC, are required to bring their data collections into compliance with these standards by March 28, 2029. Because the
EEOC’s current EEO-4 PRA clearance expires January 31, 2025, the agency is not proposing updates to its collection of
race and ethnicity data under this Notice in order to provide filers with sufficient notice of the revised standards and to
give the EEOC sufficient time to implement the revisions across its EEO collections.

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A.2

INSTRUCTIONS FOR ASSIGNING EMPLOYEES INTO THE RACE/ETHNICITY
CATEGORIES

A.2.1 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.
A.2.2 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.
A.2.3 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.
A.2.4 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.
A.2.5 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.
A.2.6 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.
A.2.7 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.

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APPENDIX B: DEFINITIONS
“Account Holder” refers to an individual who has access to the EEO-4 Online Filing
System (OFS) via a user account associated with their email address.
“Certifying Official” refers to the official (i.e., employee) designated by a state or local
government to certify the state or local government’s EEO-4 report submission to the
EEOC. The “Certifying Official” will certify to the following statement within the OFS: “I
certify that the information, including any workforce demographic data, provided in this
report is correct and true to the best of my knowledge and was prepared in conformity with
the directions set forth in the form and accompanying instructions.” Below this statement,
the EEOC provides written notice to the “Certifying Official” that “[k]nowingly and willfully
false statements on this report are punishable by law, US Code, Title 18, Section 1001.”
The individual serving as the “Certifying Official” must be an official (i.e., employee) of the
state or local government.
“Commission” refers to the U.S. Equal Employment Opportunity Commission (EEOC).
“EEO-4 Online Filing System (OFS)” refers to the web-based application (i.e., portal) used
to electronically collect EEO-4 data by the EEOC.
“Employee” means an individual employed by a political jurisdiction who is on the
payroll of that jurisdiction, regardless of the source of the funds by which the
employee is paid. For purposes of the EEO-4 data collection, the term “employee”
shall not include any person elected to public office in any State or political
subdivision of any State by the qualified voters thereof, or any person chosen by such
officer to be on such officer's personal staff, or an appointee on the policy making level
or an immediate adviser with respect to the exercise of the constitutional or legal
powers of the office. The exemption set forth in the preceding sentence shall not
include employees subject to the civil service laws of a State government,
governmental agency, or political subdivision.
“Full-Time Staff” refer to persons employed on a full-time basis during the pay period that
includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]), except for certain exempted elected and appointed officials. 63 If an
employee is employed on a full-time basis by the state or local government but assigned to
one or more departments on a part-time basis in each, that employee must be reported as
a Full-Time Staff in this section.
Additionally:
•

63

Full-Time New Hires must also be included (i.e., counted) in the Full-Time Staff
section if they were employed on a full-time basis during the pay period that

See the definition of “Employee” for more details.

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•

•
•

•

includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL
BE INSERTED BY EEOC]) and otherwise meet the requirements of this definition.
Every Full-Time employee employed during the pay period that includes June
30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED
BY EEOC]) must be accounted for in one and only one of the listed functions.
Full-Time Trainees should be considered Full-Time Staff.
When employees receive separate salaries or payments from two or more state
or local governments during the pay period that includes June 30th of the
reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]),
but work full-time for one, those employees should be counted as Full-Time
employees by the state or local government for which they work full-time.
Additionally, those employees’ annual salaries, to the extent possible, should
reflect their total earnings from all state and local governments from which they
are paid.
When a Full-Time employee is employed in more than one function during the
pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]), the employee should be
reported for the function that accounts for most of the employee’s work time. 64

“My State or Local Government List” refers to a screen in the EEO-4 Online Filing System
(OFS) that lists the state or local government associated with a user account.
“New Account Holders” refers to account holders created as part of the current reporting
year’s data collection.
“Full-Time New Hires” refer to persons who were hired for the first time or rehired after a
break in service for Full-Time employment by a particular state or local government and
who appear on the payroll between July 1, [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC], and June 30, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC], except for certain exempted elected and appointed officials. 65 Do not report as a
Full-Time New Hire an employee who has been on sabbatical or any other type of leave
that is not considered a break in service as a Full-Time New Hire. Additionally,
employees with a change in job category or a promotion should not be reported as FullTime New Hires. Please note that Full-Time New Hires must also be included (i.e.,
counted) as Full-Time Staff if they were employed on a full-time basis during the pay period
that includes June 30 of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE
INSERTED BY EEOC]) and otherwise meet the requirements of the definition of Full-Time
Staff.

64
If the employee spends the exact same time performing two or more functions, report the employee in the most critical
function.
65
See the definition of “Employee” for more details.

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“OEDA (Office of Enterprise Data and Analytics)” refers to the office within the EEOC
which administers the agency’s EEO data collections, including the EEO-4.
“OFS” is an abbreviated reference to the “EEO-4 Online Filing System.”
“Other Than Full-Time Staff” are persons employed during the pay period that includes
June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY
EEOC]), except for certain exempted elected and appointed officials, 66 who:
•
•

are not already included in the Full-Time Staff section, and
are usually engaged for less than the regular full-time work week. 67

Other Than Full-Time Staff include, but are not limited to, the following: (1) daily or hourly
employees usually engaged for less than the regular full-time work week; (2) temporary
employees who work on a seasonal basis (whether part-time or full-time) or are hired for
the duration of a particular job or operation, including public employment programs; and
(3) intermittent employees. If an employee is employed on a full-time basis by the state
or local government but assigned to one or more functions on a part-time basis in each,
that employee must be reported as Full-Time Staff.
Additionally:
•

When employees are employed Other Than Full-Time by different state or
local governments during the pay period that includes June 30th of the reporting
year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]), they
should be reported as Other Than Full-Time employees of the separate state
and local governments.
•
Employees who are employed Other Than Full-Time by different state or local
governments during the pay period that includes June 30th of the reporting year
(i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]) for a specified
temporary appointment, such as a public employment program, must be
considered Other Than Full-Time Staff.
•
When an Other Than Full-Time employee is employed in more than one function
during the pay period that includes June 30 of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]), the employee should be
reported for the function that accounts for most of the employee’s work time. 68
“Point of Contact” refers to an individual designated by the state or local government to
receive communications from the EEOC. The EEOC strongly encourages state and local

See the definition of “Employee” for more details.
See the definition of “Employee” for more details.
68
If the employee spends the exact same time performing two or more functions, report the employee in the most critical
function.
66

67

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governments to include more than one individual as a point of contact to ensure the state
or local government receives critical notifications.
“Primary Point of Contact (POC) for EEO-4 Reporting” refers to the individual designated
within the EEO-4 Online Filing System (OFS) as the “Primary Point of Contact (POC) for
EEO-4 Reporting” (i.e., “Primary POC”) for receiving communications from the EEOC
regarding the report. In addition to a “Certifying Official,” state and local governments
must provide a “Primary POC.” State and local governments may choose the same
individual to serve as both the state or local government’s “Certifying Official” and the
“Primary POC.” Alternatively, a state or local government may provide a different individual
to be its “Primary POC.” However, the “Certifying Official” must be an employee of the
state or local government.
“Registration ID” refers to a unique, alphanumeric, eight-character identifier that
corresponds to a state or local government in the EEO-4 Online Filing System (OFS).
“Returning Users” refers to EEO-4 account holders who had a user account during a
previous reporting year (i.e., data collection).
“State or Local Government Dashboard” refers to a screen in the EEO-4 Online Filing
System (OFS) that displays a particular state or local government’s details, shows the
various actions and milestones required to complete the EEO-4 report, and makes reports
from previous data collections available.
“Workforce Snapshot Period” refers to the pay period that includes June 30th of the
reporting year (i.e., [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]). Workforce
demographic data (i.e., employee data by job category and by sex, salary band, and race or
ethnicity) must include all Full-Time Staff and Other Than Full-Time Staff who were
employed during the pay period that includes June 30th of the reporting year (i.e., [SPECIFIC
REPORTING YEAR WILL BE INSERTED BY EEOC]). The EEO-4 report separately captures
Full-Time New Hires who were hired for the first time or rehired after a break in service for
Full-Time employment by a state or local government and who appear on the payroll
between July 1, [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC], and June 30,
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]. Please note that Full-Time New
Hires must also be included (i.e., counted) as Full-Time Staff if they were employed on a
full-time basis during the pay period that includes June 30 of the reporting year (i.e.,
[SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC]) and otherwise meet the
requirements of the definition of Full-Time Staff.
Employees must be counted by job category and by sex, salary band, and race or ethnicity.
Each employee must be counted in only one of the job category, sex, salary band, and
race or ethnicity classifications. If an employee was employed during the selected
workforce snapshot period, then the state or local government must include the employee
in its reporting even if the employee resigned or was terminated during or after the

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selected workforce snapshot period. If the employee was employed at any time during the
selected workforce snapshot period, then the employee must be reported. A state or local
government is not required to report employees who were not employed at any time during
the selected workforce snapshot period.

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APPENDIX C: JOB CATEGORIES
The job categories used by the EEOC for purposes of EEO-4 reporting are found below. Any
examples shown below are illustrative and not intended to be exhaustive of all titles in job
category.
Officials – Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, direct individual
departments or special phases of the agency’s operations, or provide specialized
consultation on a regional, district or area basis. Includes: department heads, bureau
chiefs, division chiefs, directors, deputy directors, controllers, wardens,
superintendents, sheriffs, police and fire chiefs and inspectors, examiners (bank,
hearing, motor vehicle, warehouse), inspectors (construction, building, safety, rentand-housing, fire, ABC Board, license, dairy, livestock, transportation), assessors, tax
appraisers and investigators, coroners, farm managers, and kindred workers.
Professionals: Occupations which require specialized and theoretical knowledge
which is usually acquired through college training or through work experience and other
training which provides comparable knowledge. Includes: personnel and labor relations
workers, social workers, doctors, psychologists, registered nurses, economists,
dietitians, lawyers, systems analysts, accountants, engineers, employment and
vocational rehabilitation counselors, teachers or instructors, police and fire captains
and lieutenants, librarians, management analysts, airplane pilots and navigators,
surveyors and mapping scientists, and kindred workers.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post-secondary
school education or through equivalent on-the-job training. Includes: computer
programmers, drafters, survey and mapping technicians, licensed practical nurses,
photographers, radio operators, technical illustrators, highway technicians, technicians
(medical, dental, electronic, physical sciences), police and fire sergeants, inspectors
(production or processing inspectors, testers, and weighers), and kindred workers.
Protective Service: Occupations in which workers are entrusted with public safety,
security, and protection from destructive forces. Includes: police patrol officers,
firefighters, guards, deputy sheriffs, bailiffs, correctional officers, detectives, marshals,
harbor patrol officers, game and fish wardens, park rangers (except maintenance), and
kindred workers.
Paraprofessionals: Occupations in which workers perform some of the duties of a
professional or technician in a supportive role, which usually require less formal training
and/or experience normally required for professional or technical status. Such positions
may fall within an identified pattern of staff development and promotion under a New
Careers concept. Includes: research assistants, medical aides, child support workers,
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policy auxiliary welfare service aides, recreation assistants, homemaker aides, home
health aides, library assistants and clerks, ambulance drivers and attendants, and
kindred workers.
Administrative Support: Occupations in which workers are responsible for internal and
external communication, recording and retrieval of data and/or information and other
paperwork required in an office. Includes: bookkeepers, messengers, clerk-typists,
stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers,
license distributors, payroll clerks, office machine and computer operators, telephone
operators, legal assistants, sales workers, cashiers, toll collectors, and kindred
workers.
Skilled Craft: Occupations in which workers perform jobs which require special manual
skill and a thorough and comprehensive knowledge of the process 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, power plant operators, water and sewage
treatment plant operators, and kindred workers.
Service – Maintenance: Occupations in which workers perform duties which result in
or contribute to the comfort, convenience, hygiene, or safety of the general public or
which contribute to the upkeep and care of buildings, facilities, or grounds of public
property. Workers in this group may operate machinery. Includes: chauffeurs, laundry
and dry-cleaning operatives, truck drivers, bus drivers, garage laborers, custodial
employees, gardeners and groundskeepers, refuse collectors, construction laborers,
park rangers (maintenance), farm workers (except managers), craft apprentices/
trainees/helpers, and kindred workers.
Service – Maintenance: Occupations in which workers perform duties which result in
or contribute to the comfort, convenience, hygiene, or safety of the general public or
which contribute to the upkeep and care of buildings, facilities, or grounds of public
property. Workers in this group may operate machinery. Includes: chauffeurs, laundry
and dry-cleaning operatives, truck drivers, bus drivers, garage laborers, custodial
employees, gardeners and groundskeepers, refuse collectors, construction laborers,
park rangers (maintenance), farm workers (except managers), craft apprentices/
trainees/helpers, and kindred workers.

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APPENDIX D: SALARY BANDS
Beginning with the [SPECIFIC REPORTING YEAR WILL BE INSERTED BY EEOC] EEO-4 data
collection, the EEOC updated the salary bands for purposes of EEO-4 reporting to keep
pace with inflation and account for an increasing portion of employees falling into the
highest salary bands. The EEOC reviewed several other federal data collections of salaries
and wages and determined that the Bureau of Labor Statistics’ Occupational Employment
and Wage Statistics (OEWS) program most closely aligns with the EEO-4.
When employees are not paid on an annual basis, their regular earnings in the payroll
period that includes June 30th of the reporting year (i.e., [SPECIFIC REPORTING YEAR WILL
BE INSERTED BY EEOC]) must be expressed in terms of an annual salary. All special
increments of an employee’s annual salary which are regular and recurrent should be
included. Overtime pay should not be included.
TABLE 2 – UPDATED SALARY BANDS FOR EEO-4
Wages
Interval
Annual

Hourly

Range A

Under $19,240

Under $9.25

Range B

$19,240 to $24,959

$9.25 to $11.99

Range C

$24,960 to $32,239

$12.00 to $15.49

Range D

$32,240 to $41,079

$15.50 to $19.74

Range E

$41,080 to $53,039

$19.75 to $25.49

Range F

$53,040 to $68,119

$25.50 to $32.74

Range G

$68,120 to $87,359

$32.75 to $41.99

Range H

$87,360 to $112,319

$42.00 to $53.99

Range I

$112,320 to $144,559

$54.00 to $69.49

Range J

$144,560 to $186,159

$69.50 to $89.49

Range K

$186,160 to $239,199

$89.50 to $114.99

Range L

$239,200 and over

$115.00 and over

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APPENDIX E: EEO-4 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 its 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. (Hospitals
should be reported under Function number 7).

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.

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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: Any function not included in Functions 1 – 14.

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APPENDIX F: SAMPLE EEO-4 REPORT
NOTICE:
SAMPLE EEO-4 Report
This is a “sample” EEO-4 report generated by the EEOC’s EEO-4 Online
Filing System (OFS). Filers are not permitted to submit EEO-4 workforce
demographic data using this sample. The EEOC requires electronic
submission of an EEO-4 report through the OFS, the agency’s webbased data collection application (i.e., portal). The OFS is accessible at
[LINK WILL BE INSERTED BY EEOC FOR EACH DATA COLLECTION
YEAR].
The EEOC will only accept EEO-4 reports submitted and certified
through the OFS. The EEOC will not accept reports submitted via paper
or through other non-OFS electronic means (e.g., email, CD-ROM). The
EEOC will consider filers submitting reports outside of the OFS to be
non-compliant for purposes of their mandatory EEO-4 filing obligation.

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