An EEOP is a workforce report that some organizations must complete as a condition for receiving Justice Department funding authorized by the Omnibus Crime Control and Safe Streets Act of 1968. The EEOP's purpose is to ensure that recipients of financial assistance from the Justice Department are providing equal employment opportunities to men and women regardless of sex, race or national origin. Federal regulations establishing the EEOP requirement also link a diverse workforce to effective law enforcement:
The experience of the [Justice Department] in implementing its responsibilities under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, . . . has demonstrated that the full and equal participation of women and minority individuals in employment opportunities in the criminal justice system is a necessary component to the Safe Streets Act's program to reduce crime and delinquency in the United States. 28 C.F.R. § 42.301.
Justice Department regulations pertaining to the development of a comprehensive EEOP can be found at 28 C.F.R. § 42.301-.308.
OCR has developed the EEOP Utilization Report to help recipients comply with the EEOP regulations. Instead of requiring recipients to report all of the employment data that federal regulations require them to keep (see 28 C.F.R. § 42.301-.308), OCR uses the Report to prompt recipients to collect and analyze key employment data, organized by race, national origin and sex. OCR also uses the Report as an initial screening tool. If OCR's review of an agency's Report indicates that a more thorough examination of employment practices may be appropriate, it may request that the recipient provide additional employment data.
The requirement to develop, maintain and submit an Equal Employment Opportunity Plan derives from federal regulations of the Safe Streets Act. Recipients who have received funding under this Act must comply with EEOP requirements, as do funding recipients under the Juvenile Justice and Delinquency Prevention Act. The Office for Victims of Crime has made compliance with the EEOP requirements a condition for the Victims of Crime Act awards. Other recipients of federal assistance are not bound by EEOP regulations.
A recipient is subject to the Safe Streets Act if it receives funding under any of the grant programs listed in the U.S. Department of Justice Grant Programs Covered by the Nondiscrimination Provision of the Omnibus Crime Control and Safe Streets Act of 1968. This list of grant programs may not be complete. If you are still unsure of whether your agency is receiving funds under a program subject to the Safe Streets Act, contact your Justice Department program manager.
VOCA, similar to the Safe Streets Act, prohibits recipients from discriminating either in employment or in the delivery of services or benefits on the basis of race, color, national origin, religion, sex or disability. Although programs funded under VOCA are not subject to the Safe Streets Act, OVC, which administers VOCA-funded programs, requires all of its funding recipients to comply with Safe Streets regulations that apply to the EEOP.
Recipients subject to the Safe Streets Act (as well as recipients of VOCA funds) are exempt from the EEOP requirement, if the recipient:
- is a nonprofit organization, a medical or educational institution or an Indian Tribe; OR
- has less than 50 employees; OR
- received a single award for less than $25,000.
To claim the exemption from developing an EEOP, the recipient must complete Section A of the Certification Form and send it to OCR.
Recipients subject to the authority of the Safe Streets Act (as well as recipients of VOCA funds) must develop an EEOP if they meet ALL of the following criteria:
- The recipient is a state or local government agency or a business; AND
- The recipient has 50 or more employees; AND
- The recipient has received a single award of $25,000 or more.
Yes. Recipients that are required to complete an EEOP Utilization Report are also required to keep race, national origin and sex data relating to the following employment actions:
- Applicant screening
If your organization is required to develop an EEOP Utilization Report and has received a single award for $500,000 or more, whether directly from the Justice Department or indirectly from a state or local agency, you must send the EEOP Utilization Report to OCR for review. The mailing address is as follows:
Attn: EEOP Utilization Report Submission
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street, NW
Washington, DC 20531
Yes. Organizations required to develop an EEOP can claim an exemption from the submission requirement, if they have not received a single award of $500,000 or more. To claim the exemption, a recipient must complete Section B of the Certification Form and send it to OCR.