Employer Alert: EEOC Requires Compliance with Renewed Pay Data Collection by September 30, 2019

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it is restoring the “Revised EEO-1: Pay Data Collection” for private employers with 100 or more employees — as well as certain federal contractors and subcontractors. The pay data collection requirement of the revised EEO-1 form had been suspended as of August 29, 2017. The EEOC now requires such employers to provide a breakdown of wages and salaries according to their employees’ sex, race and ethnicity, in an effort to reveal potential “persistent wage gaps” and “improve investigations” of possible pay discrimination.

According to a notice posted on the EEOC’s website on May 2, “EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al.”  (The Department of Justice filed a notice of appeal of that ruling.)

The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July and will notify filers of the exact date the survey will open on the agency’s online portal as soon as it is available. For now, the Commission has advised filers to continue using the current EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

For more information

For more information, please contact Matthew R. Plain at 401.273.7171.

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