** Update May 02, 2019**
EEOC has posted a Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection on it’s website. This is in response to Judge Tanya S. Chutkan’s March 19, 2019 ruling which reinstated the Component 2 obligation.
According to the latest EEOC posting, “EEO-1 filers should begin preparing to submit compensation data for 2017 and 2018 by September 30, 2019.” Read the entire posting… https://www.eeoc.gov//
Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection
EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in 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 EEOC 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 open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.
As a result of the court vacating the Office of Management and Budget’s stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019, and will post an additional notice by May 3, 2019, announcing its decision.
We will continue to provide updates as they come available.
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.
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:
Sample of the new EEO-1 Data template (showing 1.1 Executive/Senior level officials and managers section only)