News & Events

EEOC Determines that EEO-1 Filers Must Submit Pay Data for 2017 and 2018

The EEOC released a “Notice of Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018.” We recently reported on the District of Columbia court’s decision in National Women’s Law Ctr. v. Office of Mgmt. & Budget which held that the EEOC can collect pay data including compensation and hours worked, broken down by job category, pay band, race, ethnicity and gender. The court allowed the EEOC to determine whether the data should be collected for 2017 and 2018 or for 2018 and 2019. The EEOC has determined that employers must submit the data for 2017 and 2018. Filers will be notified when the EEOC portal is open for Component 2 data.

Although the court’s decision has been appealed, the EEOC announced that the appeal “does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data.”

The EEO-1 portal should be used to submit Component 1 data by May 31, 2019, and Component 2 data for 2018 and 2019 must be submitted by September 30, 2019.