EEO-1 Pay Data Update: 2017, 2018 Data Due September 30

May 3 2019 - Reporting Requirements - Erika Pickles

Employers must still submit the current 2018 EEO-1 report by May 31, 2019.

Employers must still submit the current 2018 EEO-1 report by May 31, 2019.

Employers have been waiting for the official Equal Employment Opportunity Commission (EEOC) deadline for reporting hours and pay data on the EEO-1. As previously reported, recent litigation reinstated a revised EEO-1 report requiring the reporting of that data.

The EEOC proposed a September 30 deadline for employers to submit hours and pay data for the Revised EEO-1 report (also known as “Component 2 data”). The federal district court approved the proposed deadline and ordered the EEOC to collect Component 2 data for calendar year 2018 by September 30, 2019. The court also ordered the EEOC to collect a second year’s worth of Component 2 data and gave it the choice of collecting either data for calendar year 2017 (which would also be due September 30, 2019), or data for calendar year 2019 (which would be collected during the 2020 EEO-1 reporting period).

The EEOC announced that it will collect Component 2 data for calendar years 2017 and 2018, and that data is due September 30, 2019.

EEO-1 filers should prepare to submit Component 2 hours and pay data for calendar years 2017 and 2018 by the September 30 deadline. The EEOC expects to begin collecting that data in mid-July 2019 and will notify filers of the precise date the survey will open as soon as it is available.

The EEOC has not released any further guidance for employers on the collection process. Employers should monitor the EEOC’s website for further information.

Note: The September 30, 2019, deadline only applies to the collection of 2017 and 2018 Component 2 data under the Revised EEO-1 report. The current 2018 EEO-1 report, which collects Component 1 data, is still due on May 31, 2019.

While the EEOC used to allow employers to request an automatic 30-day extension to submit the current EEO-1 report, the EEOC’s website now says employers may request an automatic extension of only two weeks (until June 14, 2019). Employers needing more than a two-week extension are instructed to contact the EEOC’s Employer Data Team for assistance.

Update: On May 3, 2019, the Department of Justice filed a Notice of Appeal in the ongoing litigation. However, the Notice of Appeal does not stay the court’s orders nor alter employers’ obligations to submit Component 2 data by the current September 30 deadline. EEO-1 filers should begin preparing to submit Component 2 data as described above.

Erika Pickles, Employment Law Counsel/HR Adviser

Unsure of whether you are covered by the reporting requirement? CalChamber members can read more about EEO Reporting Requirements on HRCalifornia. Not a member? See how CalChamber can help you.

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