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EEO-1 Labor Reporting Portal Now Open, September 30th Data Submission Deadline

Friday, August 2, 2019   (0 Comments)
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A federal judge ruled April 25th that all employers who are required to submit EEO-1 surveys on employee demographic data to the Equal Employment Opportunity Commission (EEOC) must also report employee pay data by September 30, 2019.

This includes employers with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government. The judge also ordered the EEOC to collect a second year of pay data. The agency was given a choice between collecting employers’ 2017 data with the 2018 pay data or waiting to collect 2019 pay data next year. The EEOC has decided to collect the 2017 pay information as its second year of data. The Online Filing System for submitting employer data opened on July 15th, and is accessible at

Under the new reporting requirements, employers must report earnings and hours data aggregated according to the EEO-1 job categories to which the employees are assigned for all employees employed during a payroll period between October 1st and December 31st. For each EEO-1 job category, the employer must indicate the number of employees falling within each of the 12 pay bands by sex and race/ethnicity. Employers are required to use W-2 “Box 1” earnings to determine the pay band into which each employee falls. Additionally, for each EEO-1 job category, the employer must aggregate hours data for all employees in the pay band by sex and race/ethnicity. Hours worked for non-exempt employees will be calculated by using their FLSA recorded hours. For full-time exempt employees, hours will be calculated by multiplying 40 hours by the number of weeks worked. For part-time exempt employees, hours will be calculated by multiplying 20 hours by the number of weeks worked.

Advocates for the collection of pay data argue that it will help identify and potentially narrow systemic pay gaps based on race, sex and ethnicity. However, opponents have argued that W-2 wages will not adequately take into account the nondiscriminatory aspects of pay, including shift differentials, education, etc.

It is imperative for foundries to start (or continue) gathering the relevant 2017 & 2018 wage and hour data and prepare it for submission by September 30th, as this process will take a fair amount of time. It is also important to note that the traditional EEO-1 surveys were due by May 31, 2019.


Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018
EEO-1 filers must submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, as ordered by the District 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.). Please note: Although the Department of Justice filed a Notice of Appeal in this lawsuit, that notice does not stay the District Court orders or alter EEO-1 filers’ obligations to submit 2017 and 2018 Component 2 data. EEO-1 filers should begin preparing to submit Component 2 data as described above.”

EEO-1 Component 2 Fact Sheet

EEO-1 Component 2 Instruction Booklet

EEO-1 Component 2 FAQs

In addition, a Help Desk is available to offer support to employers completing the EEO-1. The contact information for the HelpDesk is as follows:

Toll Free: 877-324-6214

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