EEO-1 filers should begin preparing to submit EEO-1 pay data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the U.S. District Court for the District of Columbia’s recent decision in National Women's Law Center, et al., v. Office of Management and Budget, et al. Pay data will include summary W-2 wage information (Box 1) and total hours worked for all employees by race, ethnicity, and sex within 12 proposed pay bands.
The EEOC will notify filers of the precise date (expected to be mid-July) that the survey portal will open so covered employers can begin submitting this pay data. Filers should continue to use the currently open EEO-1 portal to submit data requirements concerning sex, race, and ethnicity from 2018 by May 31, 2019.
- Employers with at least 100 employees and federal contractors and first-tier subcontractors with at least 50 employees must report the number of their employees by race, gender, ethnicity, and job category, through its annual EEO-1 report.
- In February 2016, under the Obama Administration, the EEOC expanded the EEO-1 report to require the disclosure of a wide range of employee pay data. The pay data requirement included W-2 wage information, total number of full-time and part-time employees by race, ethnicity, and sex, and within 12 pay bands for each EEO-1 job category, as well as the aggregate hours worked by employees in each pay band.
- In August 2017, the Trump Administration, halted the pay data collection requirement, leaving the EEO-1 demographic reporting intact.
- Several pay equity advocacy organizations filed suit shortly thereafter and asked the court to reinstate the pay data collection requirements. To the surprise of many, the court reinstated the pay data collection requirement in March 2019.
The filing deadline for calendar year 2017 and 2018 pay data collection is September 30, 2019. The portal to submit this information is expected to open mid-July.
The filing deadline for the EEO-1 demographic data remains May 31, 2019 through the EEOC online portal.
While we wait on guidance and training from EEOC (and a potential appeal), employers need to start thinking about what processes and systems are in place in order to capture and report on pay and hours data. This preparation may also include conducting an internal compensation analysis to identify gaps in pay equity. Our MRA Compensation team can work with you to analyze and provide compensation recommendations.
Source: EEOC.gov; Michael Hyatt, Director, HR Government Affairs, MRA – The Management Association