IMPORTANT LAW UPDATE
On April 25, 2019, a Federal Judge ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for workforces by September 30, 2019.
The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category.
The EEOC has collected employers’ demographic data for a long time. However, the Obama administration added a pay data component to the EEO-1 Report to root out gender- and race-based pay gaps. This requires employers report wage information from and total hours worked for all employees by race, ethnicity and gender.
The Trump administration attempted to eliminate the pay data component in 2017 because of the burden it imposes on employers. However, the Judge’s decision reinstates the pay data component.
What companies are required to file the EEO-1 report?
o Companies with 100 or more employees
o Companies 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.
o Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, with 50 or more employees and that have a prime contract, or first-tier subcontract amounting to $50,000 or more.