Employers who must file an Employer Information Report EEO-1 (“EEO-1") with the Equal Employment Opportunity Commission (“EEOC”) have until September 30, 2019 to report data on employees’ pay and hours worked. In general, the EEO-1 is required of employers of 100 or more employees and federal contractors who have 50 or more employees and a federal contract of $50,000.00 or more. The report reflects the demographics of a workplace by job category, race, ethnicity, and gender (“Component 1” of the form) and the hours worked and pay information (“Component 2” of the form). Component 1 data for the year 2018 must be filed with the EEOC by May 31, 2019.
Required collection of the “equal pay data” or “Component 2 data” for the year 2018 was stayed by court order in 2017, but that stay was lifted in March 2019. The EEOC requested additional time to collect the Component 2 data, and the court granted the extension from May 31 to September 30, 2019. (National Women’s Law Center, et al. v. Office of Management and Budget, et al., Civil Action No. 17-CV-2458 (D.D.C.)) The court ordered the EEOC to collect two years of pay data, the data for 2018, and either the data for 2017 to be collected by September 30, 2019 or the data for 2019 which could be collected in the normal 2020 EEO-1 reporting period by March 1, 2020. The EEOC must advise the court of its choice by May 3, 2019.
On its website the EEOC states that it “expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July, 2019 and will notify filers of the precise date the survey will be open as soon as it is available.”