Private companies with 100+ employees (and with at least one California-based employee) must report Equal Employment Opportunity (EEO) pay and other data to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021, and annually thereafter. This requirement flows from California Senate Bill 973, enacted on September 30, 2020. The DFEH has provided additional information, sample forms and a place to submit the data here.

An extension on this deadline may be possible. The DFEH has recognized that some companies may not be in a position to report their first year’s data in a timely manner because of the pandemic or other extraordinary factors. Employers can request a deferral of enforcement on the March 31, 2021, submission deadline if they are unable to meet the March 31, 2021, deadline because of: (1) lost records because of flood, fire or other natural disaster; (2) severe economic hardship; or (3) reporting requires technology or infrastructure changes. To request an extension, the employer must directly submit a request for deferral prior to the March 31, 2021, deadline (an employer’s representative like a professional employer organization (PEO) cannot be the one to submit, and the employer must submit directly), using the online form located here.

Employers will need the following information to fill out the form:

• Employer name

• Federal Employer Identification Number

• CA State Employer Identification Number

• Address

• City

• State

• Zip Code

• Reason you are unable to report in a timely manner

• Explanation (providing detail on the reason selected above)

• Requestor’s information (name, title, work phone, email)

Any extensions granted by the DFEH will provide the employer through April 30, 2021, to file its report with the DFEH.

For more information on the reporting requirement, including requesting an extension, the DFEH’s FAQs can be found here.