Academic researchers may only access EEOC data through EEODataNet upon their full compliance with the EEOC’s strict, multi-step approval and confidentiality process.
Before the EEOC allows an academic researcher any access to EEO survey data through EEODataNet or otherwise, EEOC staff first carefully reviews his or her specific research plan and methodology and decides whether or not to approve it; if EEOC approves it, the agency then requires the researcher to execute an agreement under the Intergovernmental Personnel Act that involves his or her academic institution and imposes strict confidentiality requirements on the researcher, his or her staff, and his or her academic institution.
Specifically, the researcher must sign a written agreement providing that:
(1) The researcher agrees to and will be subject to the confidentiality provisions of Title VII of the Civil Rights Act of 1964, as amended, (Title VII) to the same extent as all other EEOC employees and to be responsible for ensuring compliance with Title VII confidentiality by any of the researcher’s staff who work on the project;
(2) The researcher pledges not to disclose the data to anyone other than staff working on the project;
(3) The researcher promises to submit the work product to the EEOC before acting to disseminate, issue, or publish any work product reliant on EEOC data; the researcher must agree to seek such approval and only to release the work product with EEOC approval. Work product may include, for example, any dissertation, report, research, statistics or other work product based on the EEO survey information;
(4) The researcher pledges not to use EEO survey data received from the government for other than the stated purpose of the research;
(5) The researcher promises that, upon conclusion of the project, he or she will return to the EEOC all original documents supplied by the agency and must confirm in writing that any working copies of the EEO information have been destroyed; and
(6) The researcher must acknowledge in writing that any violation of the confidentiality agreement could result in penalties including criminal prosecution under Title VII.
EEOC gives researchers very clear instruction on how to preserve the confidentiality of EEO data. EEODataNet researchers are mindful of the sensitivity of data and their access to EEO data has never resulted in a confidentiality breach.