On April 24, 2019, the Federal Court that reinstated the EEO-1 pay data reporting requirement accepted the EEOC’s recommendation that employers must submit the EEO-1 form for 2018, including pay data, by Monday, September 30, 2018.  Employers with at least 100 employees and federal contractors and first-tier subcontractors with at least 50 employees must file the EEO-1 survey annually with the Equal Employment Opportunity Commission (“EEOC”). 

The EEOC has expanded the survey to require the disclosure of a wide range of employee pay data, in addition to employee demographics.  The pay data reporting requirement mandates disclosure of the total number of full- and part-time employees by demographic category in each of 12 pay bands for each EEO-1 job category, as well as the aggregate hours worked by all of the employees in each pay band.

Employers subject to the EEO-1 reporting requirement for 2018 presently have two deadlines to meet:

• May 31, 2019: Deadline to submit Component 1 (demographics) data through the EEOC online portal; and

• September 30, 2019: Deadline to submit Component 2 (pay) data through the EEOC online portal.

It is unclear at this time whether the EEOC will remove or alter the existing May 31 deadline.  Adding to the burden, and potential future confusion, the Court ordered the EEOC to collect either 2017 or 2019 pay data at a future time.   The EEOC has yet to choose.  Employers subject to EEO-1 reporting requirements should retain all 2017 employee pay data, pending further guidance from the EEOC.

Employers that have not taken preparatory steps to comply with the enhanced EEO-1 reporting requirements should do so now.  In addition, employers with questions regarding their EEO-1 obligations would do well to consult with able counsel.