Awaiting EEOC Guidance on Reporting Requirements and Process

The U.S. Equal Employment Opportunity Commission (EEOC) has opened the EEO-1 online reporting portal following a recent court order reinstating the previously revised Obama administration EEO-1 form’s pay data reporting requirements that the Office of Management and Budget (OMB) halted in 2017. The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, sub¬contract or purchase order amounting to $50,000 or more to file the EEO-1 report. Barring EEOC action or an appeal by the administration before the survey’s deadline—May 31, 2019—filers should be prepared for the pay data requirements to be included in the survey.

Due to the government shutdown, the opening of the survey was postponed and the deadline to submit EEO-1 data extended until May 31, 2019. The traditional EEO-1 report provides employment data by race/ethnicity, gender and job categories. The EEO-1 portal currently does not include “Component 2” of the EEO-1 form that would require the additional pay data nor has the EEOC provided filers with any guidance yet.  The revised “Component 2” of the report would require W-2 pay and FLSA hours worked information. The filing of the EEO-1 report is not voluntary and is required by federal law.

The EEOC has stated that they are working diligently on next steps in the wake of the court’s order and an update for filers has been ordered by Apr. 3.

AGC opposed the new data collection, calling upon the Trump administration and Congress to rescind the Obama administration Presidential Memorandum ordering the new EEO-1 form, and the form itself. AGC submitted comprehensive comments explaining its position to the EEOC in Apriland August 2016.

For more information, contact Claiborne Guy at [email protected] or 703-837-5382