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EEO-1 Reporting Obligation Is a Moving Target

For COOs, Human Resources Executives, Chief Legal Counsel

The status of the revised EEO-1 Report has caused much confusion for employers. Revised data reporting requirements could become effective as soon as May 31.

Under current law, employers with 100 or more employees are required to annually submit EEO-1 information to the Equal Employment Opportunity Commission (EEOC). In 2016, the EEOC proposed revisions to the form to include additional data, such as demographic information and the number of hours employees in each of 12 pay bands worked in the last year. Before the regulation took effect, the current administration announced an immediate stay of the new components of the EEO-1 data collection. Several organizations quickly filed a lawsuit, National Women’s Law Center v. Office of Management and Budget, to invalidate that decision.

In a ruling issued on March 4, 2019, the district court judge ruled in favor of the plaintiffs and concluded the administration’s stay order was invalid. That left confusion over when submission of the new pay data components would be required. At a recent hearing on that issue, EEOC proposed a September 2019 deadline, stating that it could not have a process in place to collect the new data before that time. Plaintiffs are pressing for a May 31 deadline, which would align with the current obligation for covered employers to submit their 2018 EEO-1 report. 

Employers should monitor developments and begin to consider ways to efficiently collect the new employee demographic and hours data that are likely to be required later this year. For more information about complying with existing EEO-1 reporting obligations, visit the EEOC website.