April 30, 2019

Employers Must Provide Pay Data to EEOC by September 30

As discussed here and here, the U.S. Equal Employment Opportunity Commission (EEOC) has confirmed that EEO-1 filers should begin preparing to submit employee pay data (Component 1) 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. The EEOC expects to begin collecting employee pay data for calendar year 2018 in mid-July 2019. They will notify filers of the precise date the survey will open as soon as it is available.  Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019. 

Component 1 of the revised EEO-1 compliance survey requires company employment data to be categorized by race or ethnicity, gender and job category.  Component 2 data—which includes hours worked and pay information from employees’ W-2 forms by race, ethnicity and sex – was the subject of the lawsuit mentioned above.

Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file the EEO-1 form. Employers should refer to the EEOC website for updated information in the coming weeks. Employers should take this opportunity to evaluate their pay practices and address any pay equity discrepancies revealed in their data.