Employers who did not submit their EEO-1 snapshots for pay data reporting for the 2017 and 2018 tax years by September 30, 2019, are not off the hook.
The deadline has been extended to January 31, 2020, in a ruling by a Washington D.C federal judge on October 29, 2019. In April, Judge Tanya S. Chutkan of the U.S. District Court, DC Circuit ordered the EEOC to collect pay data for 2017 and 2018 by September 30, 2019.
The EEOC worked with NORC, a non-partisan research institution at the University of Chicago, to develop and operate the system to collect the new pay data information.
The pay data reporting requirement was initially put in place by the EEOC in 2016 during the Obama administration. The Office of Management and Budget (OMB) stayed the implementation of the new EEO-1 form a year later in accordance with its authority under the Paperwork Reduction Act (PRA) of 1995 so it could conduct a review of the effectiveness of those aspects of the EEO-1 form. Judge Chutkan in March lifted the stay, reinstating the pay data requirements for EEO-1 reporting as part of her ruling in National Women’s Law Center v OMB, No. 1:17-cv-2458 (D.D.C. March 4, 2019).
EEO-1 Component 2 is generally required from employers with 100 or more employees during the “workforce snapshot periods” for 2017 and 2018. Employers with less than 100 employees may also be required to file if their association or common ownership with another company results in the joint entities having a collective total of 100 employees.
To determine if your company is required to file an EEO-1 Report, click here.
With the revised EEO-1 form deadline finalized, employers will need to act quickly to assess their data gathering capabilities if they want to meet the January 31, 2020 deadline with accurate information. Many third-party vendors can aid in the management of this new pay data requirement.