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EEO-1 pay reporting update

Collecting to begin in July

Posted May 6, 2019

The Equal Employment Opportunity Commission (EEOC) published an announcement in the May 3, 2019, Federal Register regarding its plans on collecting employee pay data for purposes of the EEO-1 report. The EEOC expects to begin collecting EEO-1 pay data for calendar years 2017 and 2018 in mid-July 2019.

EEO-1 filers should begin preparing to submit pay data (referred to as Component 2 data) for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17–cv–2458 (D.D.C.).

The EEOC expects to begin collecting EEO-1 pay data for calendar years 2017 and 2018 in mid-July 2019 and will notify filers of the precise date the survey will open as soon as it is available.

Employers subject to the EEO-1 collection will need to gather 2017 and 2018 pay data to prepare for the new filing. Such employers should continue, however, to use the currently open EEO-1 portal to submit race, sex, and job category (Component 1) data from 2018 by May 31, 2019. Employers may request a two-week extension for this to June 14, 2019.

Employers who must report generally include all private employers who are subject to Title VII of the Civil Rights Act of 1964 with 100 or more employees, as well as federal contractors with 50 or more employees with a contract of $50,000 or more.

An outside chance exists that the government will appeal or otherwise seek action on the court’s decision, but for now, employers should prepare to collect and submit the applicable information. According to the original plan, this would be aggregate W-2 data in 12 pay bands for the 10 EEO-1 job categories already used and the total number of hours worked by the employees.

This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc.

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