Local Union Failed to Keep Race and Gender Data or File EEO-3 Reports, Federal Agency Charged
NEW YORK - Steamfitters, Pipefitters, and Apprentices Local Union No. 475 will change its recordkeeping practices relating to its members and apprentices to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC's lawsuit, Local 475 failed to file EEO reports and to collect the related demographic information required by federal law. Federal regulations require that labor unions with at least 100 members file a biennial report with the EEOC, known as a Local Union Report EEO-3 (or EEO-3 report for short), to provide information about the union's referral practices. The law also requires that such labor unions keep a record of the race, ethnicity and gender of their members, apprentices and persons referred for employment, as needed to complete the EEO-3 report. Failure to make and keep such records and reports violates Title VII of the Civil Rights Act of 1964. Such records help the EEOC detect disparities in employment referrals that may violate Title VII's prohibitions against discrimination in employment because of race, sex, and national origin.
The EEOC filed suit in U.S. District Court for the District of New Jersey (EEOC v. Steamfitters, Pipefitters, and Apprentices Local Union No. 475., Civil Action No. 2:19-13309), after first attempting to reach a pre-litigation settlement through its conciliation process.
"Local unions and labor organizations with at least 100 members should be aware that there are reporting and recordkeeping requirements that apply to them, which help us assess disparities in referrals based on race, national origin or sex," said EEOC New York District director Kevin Berry.
The consent decree requires that Local 475 comply with its recordkeeping and reporting obligations. Local 475 will collect and maintain information about the race, ethnicity, and sex of its members, apprentices, and persons referred, and will prepare and timely file EEO-3 reports. During the decree's three-year term, Local 475 will provide periodic reports to the EEOC and, if requested by the agency, copies of referral records. Local 475 will also provide anti-discrimination training annually to all officers, agents and employees involved in administering the union's referral program.
"The recordkeeping and reporting requirements for employers and labor unions play an important role in enforcing our country's civil rights laws and ensuring equal opportunity in the workplace," said Regional Attorney Jeffrey Burstein of the New York District Office. "We appreciate Local 475's willingness to negotiate a voluntary resolution to this case without protracted litigation."
