The EEOC Updates Proposed Rule for Collecting Pay Data on EEO-1 Reports

On February 1, 2016, the Equal Employment Opportunity Commission published its proposal to collect employees’ pay information and hours worked as part of EEO-1 reporting. In light of public comments on the proposed rules, the EEOC revised the rule and published a second version in the Federal Register on July 14, 2016.

Initially, the new EEO-1 report had a reporting deadline of September 30, 2017. That deadline has been pushed back to March 31, 2018, for 2017 EEO-1 reporting. This will allow employers to use 2017 W-2 information (Box 1) to compile pay data instead of collecting such information in the middle of the calendar year. This also means that the workforce snapshot for reporting will be moved from July 1 through September 30 to October 1 through December 31.

Federal contractors with 50 to 99 employees were originally required to report pay data, but now only employers with more than 100 employees will be required to report pay data and hours worked, along with their employees’ demographic information.

The EEOC made substantial changes to the first version of the proposed rule based on feedback from the public, and it is possible they will entertain more changes suggested from commenters this round. Interested parties can submit comments during the comment period that ends on August 15, 2016. A final rule will be published thereafter.

On a related note, this year’s EEO-1 portal is not yet open. The EEO-1 help desk has stated that they will send letters to employers shortly, and the portal should be open in the coming weeks. The help desk assured concerned parties that they will provide employers a sufficient time to report. Last year, the EEO-1 reporting period was extended to October 30.