Each year employers with 100 or more employees, or employers who are federal contractors with 50 or more employees, must file an EEO-1 Report with the Equal Employment Opportunity Commission. (EEOC). Until recently, the EEOC only sought information regarding employees’ race, ethnicity, and gender by job category. In 2016, the Obama Administration proposed requiring employers to provide certain pay data. Before employers were required to provide that information, the Trump Administration attempted to take steps to roll back the new requirement. A federal District Court, however, disapproved of those efforts and has recently held that covered employers are to produce the pay data. Accordingly, as of today:
- By May 31, 2019 covered employers must submit their EEO-1 Component 1, which will provide information about the workforce’s race/ethnicity/gender for 2018. The EEOC’s EEO-1 Portal is open for filing Component 1.
- By September 30, 2019, covered employers must submit their EEO-1 Component 2, which contains the requisite pay data for two years: 2017 and 2018. The pay data is to be sorted by race, ethnicity and sex. The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July 2019. Check the EEOC’s website to determine when the survey will open.
While some legal actions may still be taken that could affect this situation, employers should assume for the moment that they will need to comply with these deadlines and begin to take appropriate steps for compliance.
If you have any questions about your company’s obligations to file an EEO-1 Report, the lawyers in LeClair Ryan’s Labor & Employment Group are available to assist.