# Executive Order 11246 in Minnesota state contracts *Subject record: federal nondiscrimination reporting and grant-plan requirements that apply to state governments, as documented in the two federal sources whose text this record carries.* The record does not establish how [[Executive Order 11246]] applies to [[Minnesota]] state contracts. None of the source texts it carries names the order, a Minnesota enactment, a state contract clause, or a Minnesota agency document. The two federal sources with text cover different ground. One concerns civil-rights workforce reporting by state and local governments.[^1] The other sets out the planning requirements of a federal formula grant administered with the states.[^2] The U.S. Equal Employment Opportunity Commission (EEOC) calls its State and Local Government Information Report (EEO-4) a "mandatory biennial data collection". Under it, every state and local government with 100 or more employees must report workforce demographic data, including data by race/ethnicity, sex, job category and salary band.[^1] The EEOC gives the filing's legal basis as section 709(c) of [[Title VII]] of the [[Civil Rights Act of 1964]], as amended, 42 U.S.C. 2000e-8(c). It also cites 29 CFR 1602.30 and .32-.37.[^3] The Department of Justice's *STOP Formula Program Implementation Plan Checklist* lists what a state's implementation plan for the STOP Violence Against Women Grant Program must contain. The required elements include demographic information drawn from the most recent available [[United States Census Bureau]] data. They also include a description of how the state identified underserved populations, and documentation of consultation with population specific organizations and with tribes.[^4] The checklist is a grant-administration document. It contains no contract clause and no reference to Executive Order 11246.[^2] ## Who The EEOC administers the EEO-4 collection. The filing obligation falls on state and local governments with 100 or more employees.[^1] The STOP checklist is addressed to state STOP Administrators, and OVW states that it "will use a similar tool to review each state's implementation plan."[^2] The checklist names nine categories of planning-committee participants: - state sexual assault and domestic violence coalitions; - law enforcement and prosecution entities; - a court or the state Administrative Office of the Courts; - representatives from tribes; - population specific organizations; - other relevant individuals or entities.[^4] ## What The EEO-4 is a workforce demographic report keyed by its own terms to race/ethnicity, sex, job category and salary band.[^1] The section 709(e) confidentiality provision bars release of individually identifiable information. The EEOC's public tool, EEOC Explore, therefore provides aggregate-level data that does not identify a particular employer or employee.[^5] The STOP checklist states that it "only includes those elements that the statute and regulations require."[^2] ## When The EEO-4 is collected every two years. The EEOC's public use file covers 2005 through 2023.[^6] The STOP checklist was updated in April 2019.[^2] A STOP plan covers a four-year implementation period. It must state both the date the state gave final approval and the time period the plan covers.[^4] ## Where The EEO-4 covers state and local governments. Data for Hawaii are excluded from the EEOC's aggregated tables because Hawaii reports on a different set of race/ethnic categories.[^6] The EEOC source text carries no Minnesota-specific figures.[^6] ## Why The checklist states its own purpose: it "is intended to help STOP Administrators ensure that the implementation plan includes all of the required elements" under the statute and its regulations.[^2] The EEOC page states the EEO-4's legal basis, section 709(c) of Title VII, as the ground for requiring the filing.[^3] ## How Eligible state and local governments file the EEO-4 as a required submission.[^3] A STOP plan must describe the state's planning process. For each planning-committee member, it must record seven items, including whether the member attended meetings, reviewed drafts, and raised significant concerns.[^4] The plan must also summarize the major concerns raised during planning and state how each was addressed or why it was not.[^4] It must also describe how the plan was coordinated with the state's plans under the Family Violence Prevention and Services Act and the Victims of Crime Act.[^4] Supporting letters 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; - the demographic characteristics of the population to be served, including race, ethnicity and language background.[^4] ## How much The checklist requires a state to explain how it will meet the sexual assault set-aside, with funds allocated across two or more allocations. It also refers to a required 10% set-aside within the victim services allocation for culturally specific organizations.[^7] The source carries no dollar amounts and no Minnesota allocation.[^7] ## How many The EEO-4 applies to governments with 100 or more employees.[^1] A STOP plan must describe how funds will be distributed across five categories: law enforcement, prosecution, courts, victim services and discretionary allocation.[^7] The checklist lists nine planning-committee categories and seven documentation items for each committee member.[^4] ## Notes [^1]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (n.d.) — describes the EEO-4 as a mandatory biennial collection of workforce demographic data from state and local governments with 100 or more employees, by race/ethnicity, sex, job category and salary band. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^2]: U.S. Department of Justice, OVW, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — states the tool's purpose, that it includes only statutorily and regulatorily required elements, and that OVW will use a similar tool to review each state's plan. https://www.justice.gov/ovw/page/file/1575031/dl [^3]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (n.d.) — states that 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 [^4]: U.S. Department of Justice, OVW, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — lists required plan elements under 34 U.S.C. 10446 and 28 C.F.R. 90.12, including Census demographic data, the nine planning-committee categories, the seven documentation items per member, tribal consultation, plan coordination and the four-year implementation period. https://www.justice.gov/ovw/page/file/1575031/dl [^5]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (n.d.) — states the section 709(e) confidentiality provision and that EEOC Explore provides only aggregate-level data. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^6]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (n.d.) — lists the EEO-4 Public Use File, 2005–2023, and notes that Hawaii is excluded from aggregated tables. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^7]: U.S. Department of Justice, OVW, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — sets out the sexual assault set-aside, the required 10% set-aside for culturally specific organizations within the victim services allocation, and the five distribution categories. https://www.justice.gov/ovw/page/file/1575031/dl