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EEO-1 Report Update (March 22, 2019)

Employers that have 100 or more employees, and federal contractors & subcontractors that have 50 or more employees & at least $50,000 of federal business, are required to file an EEO-1 report each year with the EEOC. The Obama administration issued rules requiring these employers to report, not only on the race/ethnicity & sex of their workforces, but also report how much employees were paid by race/ethnicity & sex. The Trump administration suspended this pay reporting rule from taking effect in 2017.

EE0-1 reports regarding the composition of employer's workforces in 2018 are currently due on May 31, 2019. On March 4, 2019, a federal judge reinstated the pay-data reporting requirements. Many employers have already filed their EEO-1 report for 2018 without providing pay data. It was hoped by many employers that the EEOC would push back the May 31 deadline to allow employers more time to collect & report pay information, if it had to be reported.

On March 19, 2019, the same federal judge issued a new ruling, giving the EEOC until April 3, 2019 to tell employers if they will have to report pay data in this year's EEO-1 reports covering their 2018 workforce. As of March 18, 2019, the EEO-1 electronic filing portal is open for companies to file their 2018 reports. The portal does not currently allow employers to report pay data.

We should hear from the EEOC by April 3 about whether employers required to file EEO-1 reports by May 31 will need to report pay data for 2018. If they do, this will put a heavy burden on employers. Another option is the EEOC may require pay data to be provided, but extend the filing deadline from May 31 to a later date. We will keep you posted with another alert.


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