New EEO-1 Ruling May Require Pay Data Reporting

March 06, 2019
Inside HR
Affirmative Action
HR Compliance

UPDATE (5/1/19)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. More information can be found here.

Yesterday, the U.S. District Court for the District of Columbia lifted a stay on the pay data reporting revisions to the EEO-1 form. Specifically, the Court ruled that the revised EEO-1 form that required employers with 100 or more employees and federal contractors with 50 or more employees to report W-2 wage information and total hours worked for all employees by race, ethnicity, and sex within 12 proposed pay bands “shall be in effect.


In August 2018, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission (EEOC) pay data reporting revisions to the EEO-1 form. At that time, the OMB stated it was because there were concerns that "some aspects of the revised collection of information lacked practical utility, were unnecessarily burdensome, and did not adequately address privacy and confidentiality issues." 

Key Takeaways 

This comes as a disappointing surprise to the employer community and raises many timing issues. In addition, the EEOC’s EEO-1 portal is not currently set up to accept compensation data. Here’s what we know as of the date of this article:

  • The EEOC will still open the 2018 EEO-1 survey on March 18, 2019.   
  • The deadline to submit EEO-1 data remains May 31, 2019.
  • Covered employers are still required to comply with the EEO-1 form’s reporting requirements concerning sex, race, and ethnicity.

We will continue to monitor and keep our members updated. We expect further clarification from the EEOC in the coming days and on the EEO-1 websiteIn the meantime, be prepared that you may need to report employee wages and hours worked in your EEO-1 submission.  

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