By 30 Sep 2019, employers subject to the EEO-1 survey will have to collect and submit extensive information about 2017 and 2018 employee compensation and hours worked — “Component 2” data — after a US federal trial court on April 25 approved the deadline proposed by the Office of Management and Budget. The Department of Justice is appealing the decision, but the Equal Employment Opportunity Commission (EEOC) has clarified that the appeal doesn’t stay the requirement to submit Component 2 data. EEO-1 “Component 1” data, which includes information on race and gender, remains due by 31 May. Employers can submit this information to the EEOC via an online portal.
The court in early March had reinstated with immediate effect the EEOC’s revised EEO-1 form that requires pay data for all employees in 10 job categories and across 12 pay bands. The EEOC has announced that it expects to begin collecting “Component 2” data in mid-July 2019 and will notify filers of the precise date the survey will open as soon as it is available. The EEOC and the Office of Federal Contract Compliance Programs will use the data to identify patterns of potentially discriminatory practices and to determine civil rights enforcement priorities.
The following employers must file the EEO-1 survey:
- Private companies that employ 100 or more employees
- Private companies that are owned or corporately affiliated with another company, of which the entire enterprise employs 100 or more employees
- Federal contractors (private sector employers) that employ 50 or more employees and are operating under a prime contractor or first-tier contract amounting to $50,000 or more
- EEOC Pay Data Collection for 2017 (Federal Register, 3 May 2019)
- Reinstatement of Revised EEO-1: Pay Data Collection (Federal Register, 1 May 2019)
- Court Order in Nat'l Women's Law Center v. Office of Management and Budget (US District Court for the District of Columbia, 25 Apr 2019)
- Opinion in Nat’l Women’s Law Center v. Office of Management and Budget (US District Court for the District of Colombia, 4 Mar 2019)
- Information About EEOC and EEO-1 Survey (EEOC)
Mercer Law & Policy Resources
- US Employers Face Extensive Pay Data Reporting (18 Mar 2019)