# Title IX assurances of the State of Minnesota *Federal nondiscrimination assurances and certifications as they bear on the State of Minnesota.* The documentary record assembled for this article contains no assurance under [[Title IX]] executed by the State of [[Minnesota]]. It also contains no Minnesota filing, no federal award record for the State, and no statement by the State describing its own nondiscrimination assurances. The record therefore does not establish what sex-nondiscrimination assurances the State has given, when, or to which federal agency. The sources it does carry are federal instruments, and neither shows a Minnesota submission.[^1][^2] The first instrument is the EEO-4, or State and Local Government Information Report. The U.S. Equal Employment Opportunity Commission (EEOC) describes it as a mandatory biennial collection.[^1] It applies to all state and local governments with 100 or more employees.[^1] It rests on [[Title VII]] of the [[Civil Rights Act of 1964]], not on Title IX.[^1] The second instrument is the *STOP Formula Program Implementation Plan Checklist*, updated April 2019. It was issued by the U.S. Department of Justice's Office on Violence Against Women (OVW) and lists the elements that a state's STOP grant implementation plan must contain under 34 U.S.C. 10446 and 28 C.F.R. 90.12.[^2] It is a grant-program requirement, not a Title IX assurance.[^2] ## Who By its terms, the EEO-4 requirement reaches "all state and local governments with 100 or more employees".[^1] The STOP checklist is addressed to state STOP Administrators. OVW states that it "will use a similar tool to review each state's implementation plan".[^2] The checklist requires documentation from each member of the state's planning committee. Its list of members includes: - the 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; and - population specific organizations.[^2] The record names no Minnesota official, office or agency that completed either instrument.[^1][^2] ## What The EEO-4 collects workforce demographic data by race/ethnicity, sex, job category and salary band.[^1] 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)". The EEOC also cites 29 CFR 1602.30 and .32-.37.[^1] The STOP checklist requires several kinds of demographic content: - **Census data.** A state's plan must include demographic information from the most recent [[United States Census Bureau]] data, including data on race, ethnicity, age, disability and limited English proficiency (28 C.F.R. 90.12(g)(1)).[^2] - **Underserved populations.** The plan must describe how the state identifies underserved populations and what that process found.[^2] The checklist quotes 34 U.S.C. 12291(a)(39), which defines the term to include populations underserved because of geographic location, religion, sexual orientation or gender identity. The definition also includes "underserved racial and ethnic populations" and populations with special needs.[^2] - **Program documentation.** Supporting documentation from prosecution, law enforcement, court and victim services programs must describe the population to be served by age, disability, race, ethnicity and language background (34 U.S.C. 10446(i)(2)(C)).[^2] ## When The EEO-4 is collected biennially. The EEOC's public use file covers 2005 through 2023.[^1] The STOP checklist is dated "Updated April 2019".[^2] Each plan covers a four-year implementation period. A plan must state the date of the state's final approval and the time period it covers (28 C.F.R. 90.12(a)).[^2] The record carries no date for any Minnesota assurance or filing.[^1][^2] ## Why OVW states that the checklist "is intended to help STOP Administrators ensure that the implementation plan includes all of the required elements" of the statute and regulations.[^2] It adds that a state may include additional information to communicate its goals and priorities.[^2] The record carries no statement of purpose for any Minnesota assurance.[^1] ## How Section 709(e) of Title VII governs release of EEO-4 data and prohibits release of individually identifiable information.[^1] The EEOC publishes only aggregate data through EEOC Explore and applies statistical disclosure limitation. Data for Hawaii are left out of the aggregated tables because Hawaii reports under a different set of race/ethnic categories.[^1] For each STOP planning committee member, the state must document seven items: - which category of entity the member represents; - whether the member was informed of meetings; - whether the member attended; - whether the member received drafts to review; - whether the member submitted comments; - whether the member received the final plan and the summary of major concerns; and - any significant concerns the member had with the final plan.[^2] The state must also report which tribes it consulted and which tribal officials it contacted.[^2] It must describe how it coordinated the plan with its plans under the Family Violence Prevention and Services Act and the Victims of Crime Act.[^2] ## How much The STOP checklist refers to a required 10% set-aside for culturally specific organizations within the victim services allocation.[^2] It also requires the state to say how it will meet the sexual assault set-aside across two or more allocations.[^2] The plan must show how funds will be divided among the law enforcement, prosecution, courts, victim services and discretionary allocation categories (34 U.S.C. 10446(c)(4)).[^2] The record carries no dollar figure for any federal award to Minnesota.[^1][^2] ## How many The EEO-4 threshold is 100 or more employees.[^1] The STOP checklist lists nine categories of planning committee participants.[^2] The record contains no count of Minnesota assurances, filings or covered programs.[^1][^2] ## Notes [^1]: U.S. Equal Employment Opportunity Commission, *EEO-4 (State and Local Government Information Report) Statistics* (undated) — describes the mandatory biennial EEO-4 collection for state and local governments with 100 or more employees under section 709(c) of Title VII, 42 U.S.C. 2000e-8(c); the section 709(e) confidentiality limits; and the 2005–2023 public use file. https://www.eeoc.gov/data/eeo-4-state-and-local-government-information-report-statistics [^2]: U.S. Department of Justice, Office on Violence Against Women, *STOP Formula Program Implementation Plan Checklist* (updated April 2019) — lists the required elements of a state STOP implementation plan under 34 U.S.C. 10446 and 28 C.F.R. 90.12, including demographic, planning committee, tribal consultation and set-aside requirements. https://www.justice.gov/ovw/page/file/1575031/dl