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August 30, 2017

By Michael G. McClory

Public employers take note: the September 30, 2017 EEO-4 Survey deadline is fast approaching.  The biennial (odd-numbered years) EEO-4 Survey asks each covered public employer to submit information that provides EEOC with a snapshot of the employer’s workforce.  Most public employers will be able to file the Survey online. 
Because we assume you have questions, The Bullard Edge has compiled some basic information found in the EEO-4 Survey Instruction Booklet.
What Is An EEO-4 Survey Report: The EEO-4 Survey report summarizes a public employer’s workforce.  It provides a count of employees by job category.  Within each of the eight job categories, employees are further sorted by race/ethnicity and gender within eight salary bands.  Here is a sample EEO-4 Survey form.
Who Receives the EEO-4 Report: The report is submitted to the EEOC.
Who Must File: The EEO-4 Survey is required of (a) all States and (b) all other “political jurisdictions” that have 100 or more employees.
  • The term “States” is fairly self-explanatory (we have 50).
  • While the phrase “political jurisdictions” is not defined, the EEO-4 Survey form requires public employers to identify the “type of government” and offers these choices: State, County, City, Township, Special District, and “Other”.  
  • Public employers of fewer than 100 employees are not required to file an EEO-4 Survey, but they are required to notify EEOC in writing (on official letterhead) that they have fewer than 100 employees.
Are There Recordkeeping Requirements: In a word, yes.  There are recordkeeping requirements and they apply to public employers of 15 or more employees.  As set forth in the Instruction Booklet:
“Every political jurisdiction with 15 or more employees must make and keep records and statistics which would be necessary for the completion of Report EEO-4, as set forth in these instructions.  Records must be kept for a period of 3years.”
What Data Is Used for the EEO-4 Survey and Recordkeeping: The EEO-4 Survey uses June 30 as a fixed date and asks employers to take a snapshot of their workforce on that date.  “Full-time and part-time employment figures should cover the payroll period which includes June 30 of the survey year.”
What Are The Race/Ethnicity Categories:  The EEO-4 Survey ultimately requires that race/ethnicity data be aggregated by gender in seven race/ethnicity categories.  However, there are two super-categories: “Hispanic or Latino” and “Non-Hispanic or Latino.”  Employees who are in the “Non-Hispanic or Latino” super-category are then divided into one of the following six subcategories:   
  • White,
  • Black or African American,
  • Asian,
  • Native Hawaiian or Other Pacific Islander,
  • American Indian or Alaska Native, or
  • Two or more races.
The Instruction Booklet makes it clear that any employee who is “Hispanic or Latino” is to be placed in that category and not in the “Two or more races” category.  This is true even if that employee views him or herself as fitting into two or more race/ethnicity categories.
All Information Is Aggregated:  The EEO-4 Survey information is reported in aggregate and not on an individual basis.  Only the number of employees who fit into each box is reported. 
2017 EEO-4 Survey Homepage: The EEOC has provided a homepage for more information regarding the 2017 EEO-4 Survey:  This page includes links to the Instruction Booklet, a sample EEO-4 Survey form, and the login page
The Bullard Edge encourages public employers that begin work on the EEO-4 Survey report as soon as possible.  If you have any questions, consult your attorney.
Best regards,
The Bullard Edge

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