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Federal Law Updates | Apr 11, 2019

ALERT: EEOC Pay Data Report: Controversy & Due Dates

ALERT: EEOC Pay Data Report: Controversy & Due Dates

First EEO-1 Form Due Date Approaching

Qualified employers must submit 2018 information for “Component 1” of the EEO-1 Survey by May 31, 2019 on the Equal Employment Opportunity Commission (EEOC) website. This part of the report requests the number of employees a business has by job category, race, gender and ethnicity.

Employers may submit their 2018 EEO-1 Survey on the EEOC website.

Litigation Regarding the EEO-1 Pay Data Survey, Component 2

The EEOC recently filed a federal suit regarding “Component 2” of the EE0-1 Pay Data Survey, and as of April 8, litigation continues. Component 2 was recently reinstated (having been suspended in 2017), and includes hours worked, and pay information from employees’ W2 Forms broken down by race, ethnicity and sex. Representatives from the EEOC have requested that they need more time to collect this data, and proposed a filing date of September 30, 2019.

Employers are encouraged to read the Frequently Asked Questions on the EEOC website to stay informed of any changes.

Who Must File the EEO-1 Report

Businesses that meet the following criteria are required to file the EEO-1 report each year:

  • 100 or more employees
  • Companies with fewer than 100 employees, if the company is owned by or corporately affiliated with another company, and the entire enterprise employs a total of 100 or more employees
  • Federal government prime contractors or first-tier subcontractors with 50 or more employees and a prime contract amounting to $50,000 or more.

If you have questions or need assistance with your reporting needs, please contact Chris Cooley at (855) 538-6947 ext 108.

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