# Equal Employment Opportunity Program certifications of the State of Minnesota *Federal workforce-reporting and grant-plan obligations that apply to state governments, as they bear on Minnesota.* The **Equal Employment Opportunity Program certifications of the State of Minnesota** are the federal civil-rights reporting and certification obligations that apply to state governments as employers and as recipients of federal grants, as they bear on [[Minnesota]]. The record for this article holds two primary federal documents on those obligations. The first is the U.S. Equal Employment Opportunity Commission's page on the EEO-4 report, a mandatory biennial workforce collection from state and local governments with 100 or more employees.[^1] The second is the Department of Justice Office on Violence Against Women's checklist for the implementation plan a state must submit as part of its STOP Formula Program application.[^6] Neither document names Minnesota. The record contains no Minnesota EEO-4 filing, no Minnesota STOP implementation plan or approval date, no Minnesota certification under either instrument, and no statement by the State describing its compliance.[^1][^6] The article therefore sets out the federal requirements as the issuing agencies state them. It does not state what Minnesota filed or certified. ## Who The EEO-4 filing obligation falls on all state and local governments with 100 or more employees.[^1] Under the STOP program, the checklist is addressed to state STOP Administrators and carries a field for the State Administering Agency.[^6] It lists the planning-committee participants a state must document. These are: - a state sexual assault coalition, a state domestic violence coalition, or a dual coalition; - a law enforcement entity and a prosecution entity; - a court or the state Administrative Office of the Courts; - representatives of tribes, tribal organizations or tribal coalitions; - population specific organizations; - other relevant individuals or entities.[^8] The Office on Violence Against Women states that it will use a similar tool to review each state's implementation plan.[^6] ## What The EEO-4 report requires the covered governments to submit workforce demographic data, including data by race/ethnicity, sex, job category, and salary band.[^3] The STOP implementation plan must contain the elements required by the STOP statute and its implementing regulations. The checklist states that it includes only those required elements and that a state may add further information.[^6] The required elements include: - the date the state approved the plan and the period the plan covers;[^7] - demographic information on the state's population drawn from the most recent [[United States Census Bureau]] data, including race, ethnicity, age, disability, and limited English proficiency;[^7] - a description of the methods used to identify underserved populations, and their results.[^7] Letters or other documentation from prosecution, law enforcement, court and victim services programs must describe four things: the need for the grant funds, their intended use, their expected result, and the demographic characteristics of the population to be served, including age, disability, race, ethnicity, and language background.[^9] ## When The EEO-4 collection is biennial.[^1] The Commission's public use file covers 2005 through 2023.[^5] The STOP checklist is dated "Updated April 2019".[^6] It asks for the date of the state's final approval of the plan, after all other approvals the state requires.[^7] The plan covers a four-year implementation period.[^10] ## Why The Commission states that EEO-4 filing 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), and under 29 CFR 1602.30 and .32–.37.[^2] The checklist states that the STOP statute and regulations require the implementation plan. It cites 34 U.S.C. 10446(c)(2), (d)(5) and (i), and 28 C.F.R. 90.12 and 90.19.[^6] It defines "underserved populations" by reference to 34 U.S.C. 12291(a)(39). That definition includes populations underserved because of geographic location, religion, sexual orientation, gender identity, special needs, and underserved racial and ethnic populations.[^7] ## How Section 709(e) of Title VII prohibits release of individually identifiable EEO-4 information. The Commission publishes aggregate-level data through EEOC Explore, presented so as not to identify a particular employer, and applies statistical disclosure limitation to its public use files.[^4] Hawaii's data are reported under a different set of race/ethnic categories and are excluded from the aggregated tables.[^5] For the STOP plan, a state must document the following for each planning-committee member: - the category of entity the member represents; - whether the member was informed of meetings and attended them; - whether the member received drafts and submitted comments; - whether the member received the final plan and the summary of major concerns; - any significant concerns the member had with the final plan.[^8] The plan must also describe the state's efforts to reach tribes, which tribes and tribal officials were contacted, and how tribes could offer their opinions.[^8] It must summarize the major concerns raised during planning and state how each was addressed, or why it was not.[^8] ## How much The STOP plan must describe how funds will be distributed across the law enforcement, prosecution, courts, victim services and discretionary allocation categories.[^10] It must also describe how the state will meet two set-asides: - the sexual assault set-aside, with funds allocated to two or more of those allocations;[^10] - the set-aside for culturally specific community-based organizations. Here the plan may identify which subgrantees met the required 10% set-aside within the victim services allocation during the prior funding cycle.[^10] The plan must further describe how subgrant amounts will be set according to the population and geographic area to be served.[^10] ## How many The EEO-4 threshold is 100 or more employees.[^1] The STOP checklist lists nine categories of planning-committee entities and seven items of documentation required for each committee member.[^8] ## Notes [^1]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated web page) — EEO-4 is a mandatory biennial collection from all state and local governments with 100 or more employees; the page names no individual state's filing. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^2]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated web page) — filing is required under section 709(c) of Title VII, 42 U.S.C. 2000e-8(c), and 29 CFR 1602.30 and .32–.37. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^3]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated web page) — workforce data are reported by race/ethnicity, sex, job category, and salary band. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^4]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated web page) — section 709(e) confidentiality; aggregate-level publication through EEOC Explore; statistical disclosure limitation. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^5]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated web page) — public use file covers 2005–2023; Hawaii data are excluded from aggregated tables. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^6]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — the implementation plan is required by 34 U.S.C. 10446(c)(2), (d)(5) and (i) and 28 C.F.R. 90.12 and 90.19; the checklist lists only required elements; OVW reviews each state's plan with a similar tool. https://www.justice.gov/ovw/page/file/1575031/dl [^7]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — the plan records its approval date and period; it includes Census Bureau demographic data and underserved-population methods; definition of "underserved populations" under 34 U.S.C. 12291(a)(39). https://www.justice.gov/ovw/page/file/1575031/dl [^8]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — planning-committee categories and per-member documentation; tribal consultation; summary of major concerns. https://www.justice.gov/ovw/page/file/1575031/dl [^9]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — documentation from prosecution, law enforcement, court and victim services programs, under 34 U.S.C. 10446(i)(2)(C). https://www.justice.gov/ovw/page/file/1575031/dl [^10]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — four-year implementation period; allocation categories; sexual assault set-aside; 10% culturally specific set-aside; subgrant amounts by population and geography. https://www.justice.gov/ovw/page/file/1575031/dl