Federal Statistical Research Data Centers

Overview

The confidentiality provisions (section 709(e) of Title VII of the Civil Rights Act of 1964) governing the release of data prohibits the release of individually identifiable information.  The EEOC’s publicly available data products including EEOC Explore and Public Use Files provide aggregated data in a manner that does not identify a particular employer or entity or reveal an individual employee’s personal information. Additionally, confidential information is protected from disclosure by a series of statistical disclosure limitation activities. As a result, public use files contain details of aggregate employment characteristics only when they will not identify any employer or employee.

In recognition of the potential of external research to advance the mission of the EEOC, eligible researchers may apply to access restricted-use microdata that is not publicly available. Approved researchers must comply with all applicable federal laws and regulations, swear a lifetime oath to preserve the confidentiality of the data, follow the highest standards of information security, and publish only aggregated results that preserve the confidentiality of the data.

Approved applicants will receive access to the data at the U.S. Census Bureau’s network of Federal Statistical Research Data Centers (FSRDCs). FSRDCs are secure facilities located across the U.S. that allow researchers to analyze restricted-use datasets while ensuring that the confidentiality of the data is protected. A unique benefit of the FSRDC system is the ability to propose projects combining restricted-use data from multiple federal agencies including the EEOC and U.S. Census Bureau (note: each data-providing agency must review and approve the application).

Eligibility and Requirements

• Applicants must be affiliated with a US-based institution of higher learning, non-profit organization, or federal, state, or local government agency.
• The data must be used exclusively for statistical purposes such as research. Non-statistical applications including commercial use are prohibited.
• All researchers must obtain Special Sworn Status (SSS) prior to accessing the data. This process entails passing a background check, completing training on data confidentiality, and swearing a lifetime oath to protect the confidentiality of the data. Eligibility requirements for SSS can be found here.
• Researchers may only access restricted use data in the secure environment of the FSRDC. EEOC must conduct a disclosure review of any materials (article manuscripts, data visualizations, notes, computer code, etc.) the researcher wishes to remove from the secure environment. Only materials that preserve the confidentiality of the data and do not identify a particular employer or reveal an individual employee’s personal information will be approved for release. Security measures prevent the removal of materials that have not been approved for release by EEOC.

Available Datasets

The restricted-use datasets available at the FSRDCs are generally the same microdata files used to create the public use files (PUFs), dashboards, and tables available to the public elsewhere on this website. Reviewing these publicly available materials should provide a sense of the available variables and scope of coverage. Whereas the data provided in the PUFs and dashboards is aggregated across multiple employers, the restricted use data is available employer level, facilitating analyses that would not be possible with publicly-available materials.

EEO-1

• The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data, including data by job category and sex and race or ethnicity, to the EEOC. The authorities under which EEO-1 Component 1 data are collected include: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., and Sections 1602.7-1602.14, Chapter XIV, Title 29 of the Code of Federal Regulations (CFR); Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965) and 41 CFR 60-1.7(a).
• Dashboards and downloadable PUFs for EEO-1 are available here. The demographic variables in the PUFs are identical to those available in the restricted-use data. The PUF user guide provides a complete list and description of the available demographic and job categories.
• The PUFs are aggregated on the basis of industry (two- and three-digit NAICS industry codes), geography (county, core-based statistical areas, state), and combinations of geography and industry. The restricted-use files are available at the employer level and in many cases at the establishment level (reporting requirements have varied over time and by establishment size). Additional information on the restricted-use file is available here.

EEO-3

• The Local Union Report (EEO-3), EEOC Form 274, also referred to as the EEO-3 Report, is a mandatory biennial data collection that requires local unions, specifically local referral unions, with 100 or more members to submit demographic data including membership, applicant, and referral information by race/ethnicity and sex. The filing by eligible local unions is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), 29 CFR 1602.22 and .27-.28.
• The format of the restricted-use files differs from the PUFs, but the available demographic groups and record types are identical. Refer to the PUF User Guide, PUF downloadable file, or EEOC Explore dashboard for a complete list of available categories.
• The PUF is aggregated to the state level. The restricted-use files provide data on individual unions. Additional information on the restricted use files is available here.

EEO-4

• The State and Local Government Information Report (EEO-4), EEOC Form 164, also referred to as the EEO-4 Report, is a mandatory biennial data collection that requires all State and local governments with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, job category, and salary band. The filing by eligible State and local governments is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), 29 CFR 1602.30 and .32-.37.
• The employment count variables in the PUF and EEOC Explore Dashboard are the same as those available in the restricted use files. See the PUF User Guide for a list of available demographic groups, government types, government functions, job categories, and salary bands.
• The PUF is aggregated to the state level. The restricted use files provide data on individual government functions (e.g. sanitation departments for individual cities). Additional information on the restricted use files is available here.

EEO-5

• The Elementary - Secondary Staff Information Report (EEO-5), EEOC Form 168A, also referred to as the EEO-5 Report, is a mandatory biennial data collection that requires all public elementary and secondary school systems and districts with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and activity assignment classification. The filing by eligible school systems or districts is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), 29 CFR 1602.39 and .41-.45.
• The variables of interest in the restricted use data are also available in the PUFs and EEOC Explore Dashboard. The PUF User Guide provides a complete list of the available demographic groups, activity assignment classifications, and employment status categories.
• The PUF is aggregated to the state level. The restricted use files provide data at the school district level. Additional information on the restricted use files is available here.

Employment Discrimination Charge Data

• The EEOC has enforcement responsibility for the following federal statutes: Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Sections 501 of the Rehabilitation Act of 1973, the Pregnancy Discrimination Act of 1978, Title I and Title V of the Americans with Disabilities Act of 1990, Title II of the Genetic Information Nondiscrimination Act of 2008, and the Pregnant Workers Fairness Act of 2022. The EEOC tracks charges of employment discrimination, filings, and resolutions under each statute.
• Aggregated discrimination charge data is available here and provides counts of employment discrimination charges filed with EEOC tabulated across several dimensions including the statute, issue, and basis for the charge and case resolutions.
• The publicly available tables are aggregated to the state or national level. The restricted-use files provide information on individual charges including the geographic location of the employer. The restricted use data also includes the Census Bureau’s Protected Identification Key (PIK). The PIK is an anonymized identifier that can be used to link the Employment Discrimination Charge Data to other data collections without revealing the personally identifiable information of the charging party. Additional information on the restricted use files is available here.

How to Apply

The EEOC participates in the Standard Application Process (SAP) hosted at www.researchdatagov.org. All applications for access to restricted-use data should be submitted through that site. The site provides a user guide and a preview of the application questions. The available EEOC datasets can be found here. To begin an application, click on the desired dataset, click the ‘Request Access’ button, and you will be prompted with a choice begin an application or add more datasets to your requests.

Note: the application includes a question titled ‘Census Benefits.’ For any project using EEOC data, please select criterion 11 (describing population) and describe how your project would benefit the EEOC. If you are applying for access to Census Bureau data, you should also explain how the project would benefit the Census Bureau. The EEOC is open to a wide range of potential benefits to the agency, both substantive and methodological.

If an application requests data from multiple federal agencies, each agency will review the proposal. Similarly, each data-providing agency will participate in the disclosure review process for any outputs the researcher requests to remove from the FSRDC facility.

The EEOC will not charge fees to researchers and will cover many of the costs associated with a project including the Special Sworn Status background check. Note, however, that researchers may incur access fees from individual FSRDC facilities and/or other Federal agencies if non-EEOC data is used.

Because EEOC covers some of the costs associated with each project, there will be a limit to the number of researchers that we can accommodate each fiscal year. Some applicants may be placed on a waiting list until capacity is available.

Contact EEOC’s Data Policy and Access Team (data.access@eeoc.gov) with any questions about the data or application process.