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New EEO-1 Form

On September 29, 2016, the Department of Labor approved a revised EEO-1 report requiring large employers to report pay data, including aggregate information from employee W-2s.

The new reporting deadline will be March 31, 2018, giving employers 18 months to prepare.  The EEO-1 report will continue to be due every March 31st after that.

Under the new reporting requirements:

  • Private employers (including federal contractors and subcontractors) with 100 or more employees will be required to include summary pay data. Employers should not report individual pay or salaries or any personally identifiable information.
  • Federal contractors and subcontractors with 50-99 employees will not report summary data. They will continue to report employees by job category, sex, ethnicity and race as is currently required.
  • Employers with 99 or fewer employees and federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report.

Inside the “Pay Bands”

The new pay data will be broken down by job category and sex, ethnicity and race using twelve different “pay bands” or salary ranges as identified by the EEO-1.

An example from the EEOC:  A financial services firm may report that it has 10 Professionals in pay band 6, which is $49,920-$62, 919, who are men and black; and that it also has 35 Professionals in pay band 6 who are men and white.

Hours Worked

Employers are also going to be responsible for reporting the total number of hours worked by employees that were counted in that pay band. The hours will be computed on a 12 month period, by their ethnicity, race and sex.  For example: an employer will be required to report the total number of hours worked for the 20 Asian women who were Professionals in the 2nd pay band $19, 239 – $208,000+) as 29,500 hours.

Additional Information can be found on the EEOC website, including:

The New EEO-1 Form (will be hyperlinked to the document which will reside on our website).

Small Business Fact Sheet

Q&A Document

Sample of the new EEO-1 Data template (showing 1.1 Executive/Senior level officials and managers section only)

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