Some employers will have to provide more pay information data for the Equal Employment Opportunity Commission’s (EEOC’s ) Employer Information Report (EEO-1) because of a recent court decision.
On March 4, the U.S. District Court for the District of Columbia reinstated the EEOC’s changes to the EEO-1 Report to collect summary pay information [National Women’s Law Center v. Office of Management and Budget, No. 17-2458 (D.C., 3-4-19)]. The changes were blocked “indefinitely” in August 2017.
Required Pay Information
The revised EEO-1 includes reporting of aggregate Form W-2 data from Box 1 based on 12 pay bands – counting and reporting the number of employees in each band. The 12 pay bands are matched with 10 job categories and reported accordingly. Hours are calculated based on the total hours worked during the year by all employees in each category based on race, ethnicity, and gender.
Next Steps
The EEOC may appeal the court’s decision or implement the payroll information reporting requirements. The EEOC has not yet announced which action it will take. Pending an appeal, the EEOC will need to provide guidance on when pay data will be required to be reported.
Deadline Extended for 2018 EEO-1 Report
Prior to the court’s decision, the EEOC delayed the release of the 2018 EEO-1 Report until March 18 and extended the deadline for employers to complete the survey until May 31, 2019 [EEOC Press Release, 2-1-19]. The delay was due to the government shutdown.
For more information, read the articles “Federal Court Reinstates EEO-1 Pay Data Collection Requirement” and “EEOC Extends Deadline for 2018 EEO-1 Report” in Payroll Currently, Issue 3, Vol. 27.
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