EEO Reporting Issues

[kismetique]

What is the name of your state? Texas

This is something I'm just curious about, because I was so taken aback when it happened.

I put in my application today to a company I have previously worked for. I personally took it to their HR dept. The clerk took the back page that is filled out for EEO reporting purposes; gender/nationality and education level, and pitched it in the trash!!!

I asked if they throw all of the EEO info from all applicant's away and she informed me that my info was already in the computer. Fine, however, this information had changed since I last filled out an application.

What are the requirements of local government employers on this type thing? I have received my Bachelors Degree since I last applied, and my education level did change! That is something very important to me, I would really like it reported correctly - especially for what I had to pay and am still paying!!!

So...is it legal to trash EEO info?

 

[cbg]

The short answer to your question is that yes, it is legal to trash EEO information.

The whys and the wherefores are a bit more complex.

The completion of EEO information is completely voluntary on the part of both the employee and the employer. The employee has no legal obligation to complete the information, and if the employee does, the employer has no legal obligation to keep it. An employer cannot require an employee to complete it, and an employee cannot insist on an employer keeping the information.

EEO reporting is one of the things that makes HR managers tear out their hair. This is an instance where an employer is required to report on information that they are not allowed to keep records on. (This is why completion of the EEO form is voluntary.) Some employees refuse to complete the info, which is their right under the law. Some employers refuse to hold onto the info for fear it will be considered discriminatory.

BTW, I don't know what was on the form you completed and it's been several years since a company I worked for was required to complete an EEO report, but I do know that education level is NOT something that's protected under the law and therefore is not important with regards to EEO reporting. I understand that it's important to you, but your employer is not going to be asked by the EEOC what your education level is, nor are they going to ask that about any other employee.

 

[kismetique]

Thanks for your response. It makes perfect sense - especially since it is voluntary.

I tried looking it up on the Internet before posting a question here, and saw where some public sector employers (federal, I think) were legally bound to gather the info as well as post it publicly. Since this employer didn't post it, I figured they were exempt from reporting. Ahhh...isn't it always the way?

My mind went to all kinds of crazy places...like what if I had had a sex change since the last time I filled it out...or what if I discovered my ethnicity was different while doing geneology research ). YeeHaw!

Oh well, I guess she could have at least waited until I left to pitch it!!!

Thanks again!

 

[cbg]

Like I said, there's a contradiction. ANY employer with over 100 employees is legally required to submit a report to the EEOC once a year and some govt contractors and public agencies must do so even though they may be smaller. However, at least in the private sector, they are forbidden to keep records of the information they are required to report on. As long as it is strictly voluntary, they MAY ask the employees to complete EEO forms but they aren't required to; they can't require the employees to do so and while I'm out of practice, I believe they if they DO collect the EEO forms they have to be kept in a separate folder.

But as I said, the EEOC is unconcerned about education, and when your employer completes the report, education will not be on it.

I agree she should have waited to toss the form, but she was insensitive, not illegal.

 

[kismetique]

Well, I guess the reason I questioned it was many, many moons ago, I was Personnel Director (among many other odd jobs) of a very small firm who had gov't. contracts. We HAD to keep the information on file, as we were required to report - and yes, we asked for educational information and reported it. I just couldn't remember if it was required by law to keep them, or maybe it was an internal company policy that they were kept - sort of CYA (which you're right, makes no sense in the flawed legal aspect of thing). Apparently educational info was never required or has since been omitted from the requirements - probably the former.

The EEO page was saved from every application. The blank ones as well as those that were filled out - however, it was a must that they were maintained in a separate file located in a separate building from the actual applications. Therefore, no matching information (handwriting and especially names) were associated with the EEO file.

So now my next question - I see where some entities report this information online. The agency I am currently conerned with is a local municipality with over 500 employees. Since their info is not posted online, I'm assuming I could request that information from them as a freedom of information act-public info - do you have any idea about this?

Thanks again for your information!

 

[cbg]

Many government contractors are under different rules than the average employer. It's entirely possible that the contractor you worked for was required to retain and report different information than most employers do.

I have no idea whether or not you could get info from them under FOI. What specifically do you want to know?

 

[kismetique]

Well, from the reports I saw that were published online, the reports also contain how many complaints of various kinds were made by gender/age/race, etc....as well as what type of complaint was made. It also showed how many complaints had been settled and how many were past 180 days in the process.

Since I'm in the process of typing up an EEOC complaint as well as OSHA complaint on them, I thought that info might be interesting. Having nothing to do with my complaints - but just interesting. Also interesting that they would wonder why on earth I was requesting it.

Yes, I know I just applied for a position there - at the request of my attorney. And why don't I ask my attorney these questions - well, he is extremely hard to get in touch with or get answers out of - leading me to ask several questions on this board (thank you to all who have helped). Why did I hire him? I just thought I needed an attorney to go with me to internal hearings, I didn't realize this thing was going to explode into a major brew-ha-ha. Also, while this town isn't really small, it is still a good ol' boy town and if the attorney's want to continue to get cases - they won't oppose the big guys - what I'm trying to say is, my choices were limited unless I wanted to go out of town, which I couldn't afford as I sit for the 5th month unemployed.

You might remember me - I'm the idiot that volunteered time doing the same duties as I was assigned during my regular 40 hours - I'm up to over 600 hours of documented time. Only, I didn't realize I couldn't volunteer my time - and apparently the employer didn't realize this either - even though it is their responsibility to realize it! It's absolutely amazing what they will say at meetings - even when it is being tape recorded!!! It has been a wild ride. I quit basically because they retaliated against me when I filed my FLSA grievance - wanted to place me in a very dangerous environment of which I had already complained about in writing many months prior to the FLSA issues cropping up. I just couldn't afford to continue working there knowing they would try anything to be able to fire me legally, not to mention being in what I considered physical danger. I learned a long time ago to put everything in writing! It's the other stupid things I did that I should have known better doing!!!

Wished I hadn't missed my 60 or is it 90 day time period with OSHA, but I will still inform them of the dangerous situations. I requested a site review by the company Safety Compliance Officer - which did no good - he wrote the department up and requested info, but never got a reply. Again, stupid me thought OSHA only got involved in industrial type settings.

Thanks again for all your help and insight.