EEO-1 Report Update

Employers that have 100 or more employees, and federal contractors & subcontractors that have 50 or more employees & at least $50,000 of federal business, are required to file an EEO-1 report each year with the Equal Employment Opportunity Commission (EEOC). The Obama administration issued rules requiring these employers to report, not only the traditional race/ethnicity & sex data (Component 1), but also report how much employees were paid by race/ethnicity & sex (Component 2). The Trump administration suspended this pay reporting rule from taking effect in 2017, but in March 2019 a federal judge reinstated the pay-data reporting requirements. EE0-1 reports regarding race/ethnicity & sex (Component 1) are currently due on May 31, 2019. The EEOC informed the Court that it could complete collection of the required EEO-1 Component 2 pay data by September 30, 2019, but only if it utilized a third party data collector to do so. At this point, we don’t know if the Court will approve that request or what it will do. The EEO-1 electronic filing portal is open for employers to file their 2018 reports, but the portal does not currently allow employers to report pay data. We will continue to follow this issue and will provide updates as they become available.