EEO-1 Pay Data Due By September 30

By Kathleen J. Jennings (kjj@wimlaw.com)

If your company is required to file EEO-1 reports, then you need to be aware of the latest development in the litigation regarding the addition of pay data to the EEO-1: the federal judge in that case has ruled that EEO-1 pay data must be submitted by September 30, 2019. The federal judge further ruled that employers must turn over two years of pay data to the EEOC. Fiscal year 2018 data is due by Sept. 30, but the EEOC may choose the second year of data it will request from employers: either 2017 or 2019. If the EEOC selects 2017 data, it will be due by Sept. 30, along with the 2018 data. If the EEOC chooses to collect 2019 data, it will be due in Spring 2020. The judge ordered the EEOC to make a decision by May 3 and to inform employers about the 2018 data by April 29 on its website.

EEO-1’s can be filed electronically, but the EEOC’s electronic portal is not ready to accept the pay data in EEO-1’s. However, it was the EEOC that proposed the September 30 deadline, so presumably, it will be ready to accept the pay data by that date. EEOC has stated that it is planning to use an outside contractor to assist with the project.

Who must file an EEO-1? Generally, companies with 100 or more employees and federal contractors with 50 or more employees. These employers will be required to submit employee data, organized into categories of race, sex, ethnicity, and one of 10 job categories. That information is then sorted into one of 12 pay bands.

Employers who are required to file EEO-1s should be collecting the pay data now in preparation for the new filing deadline. There may be further delays or developments, but the best approach right now is to be prepared to meet the new deadline.

Kathleen Jennings, Principal is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters. She can be contacted at kjj@wimlaw.com.

©2019 Wimberly Lawson

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