EEO-1 Report Will Require Pay Data, But Deadline Extended

The Equal Employment Opportunity Commission (EEOC) has proposed to a federal judge that employers be required to submit EEO-1 compensation data by September 30, 2019. All other data required by the EEO-1 will still be due by the deadline of May 31, 2019. The pay data, a new requirement for employers, will have an extended deadline to allow employers time to collect the data and allow the EEOC time to hire a third-party data and analytics contractor.

In 2016, the EEOC changed the pay-data reporting requirements under the EEO-1 report, requiring employers to annually report employees’ compensation information and hours worked. However, in 2017, this requirement was postponed indefinitely by the White House Office of Management and Budget following the change in administration. A number of public interest groups filed suit challenging this decision, and in March, a federal judge ordered that the pay-reporting requirements be reinstated. The judge then directed the EEOC to make a proposal by April 3 for when this information would be due, and the EEOC responded with September 30 as the deadline. The plaintiffs in the lawsuit must respond to this proposed deadline by today, and Employers Council members will be notified if the September 30 deadline changes.

The EEO-1 is an annual report required of all employers with at least 100 employees, or with at least 50 employees and $50,000 in federal contracts. The report is based on a snapshot of the workforce taken from a single pay period between October 1 and December 31 of the previous year.