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Employers Must Provide 2017 and 2018 Pay Data to EEOC by September 30; Current EEO-1 Report Deadline Remains May 31

May 3, 2019

Employers with at least 100 employees (and federal contractors with at least 50 employees and at least $50,000 in contracts with the federal government) must file an EEO-1 form with the Equal Employment Opportunity Commission (“EEOC”). Component 1 of the EEO-1 form requires listing the number of employees by job category, race, sex, and ethnicity. The deadline for employers to submit 2018 information for Component 1 of the EEO-1 remains May 31.

Whether Component 2 data, which includes hours worked and W-2 pay data of employees by race, sex, and ethnicity, would also be required has been uncertain due to a legal challenge filed in Washington, D.C. Recently, however, the U.S. District Court ruled that employers have until September 30, 2019 to collect and report 2018 Component 2 data to the EEOC as part of their EEO-1 reporting. Today, the EEOC announced that employers will also be required to provide 2017 Component 2 pay data by the September 30, 2019 deadline. The EEOC expects to begin collecting 2017 and 2018 Component 2 data in mid-July 2019, and will notify employers of the precise date the survey will open as soon as it is available.

Employers who file EEO-1 reports should closely monitor developments on this issue and should be prepared to file Component 1 information for 2018 without pay data by the May 31 deadline. Employers should also be prepared to report 2017 and 2018 Component 2 data to the EEOC by September 30, 2019.

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