The U.S. District Court for the District of Columbia vacated the White House Office of Management and Budget’s (OMB) stay of the revised EEO-1 form’s pay data reporting requirements on March 4, 2018. As a result, it appears the Equal Employment Opportunity Commission (EEOC) could begin requiring pay data on future EEO-1 forms, although no announcement has been made by the EEOC at this time.
Prior to the OMB stay, the EEOC announced they would begin collecting pay data that could be correlated to employee demographic groups to evaluate the pay gaps by gender and race. In September 2016, the EEOC announced that starting in March 2018, it would collect summary employee pay data from certain employers on revised EEO-1 reports. In August 2017 the EEOC announced that an immediate stay of the EEO-1 reporting requirements was in place.
Most employers with 100 or more employees, and federal contractors with 50 or more employees, are required to file the EEO-1 report each year, providing the EEOC with data on the number of individuals employed, their distribution by legal entity and location, and their demographic characteristics.
WHAT DOES THIS MEAN FOR EMPLOYERS?
As a result of the new court decision, employers may be required to provide the pay data statistics in their future EEO-1 reporting. The current 2018 EEO-1 report deadline has been extended to May 31, 2019. The EEO-1 filing system is expected to open March 18, 2019. At this time the EEOC has not announced that the pay and hours data will be required for the 2018 filing.
Paylocity will continue to monitor EEOC announcements for updates on the EEO-1 requirements and we will provide additional information when it becomes available. Once guidance is provided from the EEOC, we will begin making necessary changes to update our reports to include the required pay data details.
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This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.