• EEOC - Revised Proposed Rule for EEO-1 Report
  • August 19, 2016
  • Law Firm: Shawe Rosenthal LLP - Baltimore Office
  • The Equal Employment Opportunity Commission has revised its proposed rule that would add summary pay data to the workplace demographic information collected through the annual EEO-1 report. The EEO-1 form must be submitted annually in September by (1) employers with more than 100 employees and (2) government contractors with more than 50 employees and more than $50,000 in federal contracts or subcontracts. It requires employers to provide information regarding the race, ethnicity, sex of their workforce, in 10 job categories. As previously discussed in our January 29, 2016 E-lert, the proposed revision would add the requirement to provide aggregated data on pay and hours worked, broken down into 12 pay bands across the 10 job categories, by the same racial, ethnic, and sex groups.

    The EEOC has now revised its proposal to move the annual reporting deadline from September 30 to March 31, which will allow employers to use calendar year W-2 reports in preparing the data for the report. Thus, the first report under the revised EEO-1 form must be submitted by March 31, 2018, rather than September 30, 2017, as initially proposed. The EEOC also provides that federal contractor employers with 50-99 employees must still submit data as to the race, ethnicity and sex of its employees by job category (now designated “Component 1”), but need not submit the new pay data (now designated “Component 2”).

    In addition to the proposed rule, the EEOC has also issued an updated Small Business Fact Sheet and Questions and Answers. Interested parties may submit comments, including electronically, on the proposed rules through August 15, 2016. The rule will not take effect until it has been finalized by the EEOC.