If an agency does not submit EEO-4 data to the EEOC, can it use EEO-1 data for the categories in the Utilization analysis?

The EEOC requires EEO-4 information from state and local government entities, and therefore, it is likely that all State DOTs, transit agencies, and subrecipients who submit or compile information for the EEOC use EEO-4 forms. All transit agencies and State DOTs that meet the two-prong threshold in Circular Section 1.4 are required to submit Utilization analyses with EEO-4 data to FTA. However, if a subrecipient or contractor uses EEO-1 forms, it must ask its direct recipient whether it prefers the information to be submitted with EEO-1 or EEO-4 categories. If the direct recipient prefers EEO-4 categories, the contractor must transfer the EEO-1 data to EEO-4 categories.