On April 3, the Equal Employment Opportunity Commission (EEOC) informed a federal judge that it is able to give employers until September 30 to submit 2018 pay data broken down by race, gender, and ethnicity (see document filed with the court). The deadline for employers to report “Component 1”—which gathers information on employee numbers by job category, race, sex and ethnicity—currently remains May 31.
“Component 2,” the requirement to report the pay data taken from employees’ W-2s, was added to the EEO-1 form during President Barack Obama’s administration as a way to track pay disparity. It was suspended in 2017 by President Donald Trump’s administration. On March 4, 2019, after a suit was filed by the National Women’s Law Center, et al., a federal judge ruled in their favor and reinstated the requirement to report the pay information.
Just as the EEO requirement to collect data across 10 broad occupational categories has provided insight into possible areas of discrimination in hiring practices, the pay data requirement would provide an information base on pay practices across different industries and labor sectors.
Companies subject to Title VII of the Civil Rights Act of 1964, as amended, and with 100 or more employees
Companies subject to Title VII of the Civil Rights Act of 1964, as amended, 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 subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more
While the office of the EEOC has not made an official announcement of the new deadline for filing Component 2 of EEO-1, it will likely remain September 30. Employers should stay aware of future developments but also begin collecting the pay data and be ready to file.
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Mary van Balen is based out of Columbus, Ohio and is a writer for Delphia Consulting. Mary contributes to the Delphia blog on Human Resources issues and Delphia Consulting and Sage product related updates.