EEO-1 Reporting of Pay Data

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Back in 2016, the EEOC changed EEO-1 reporting requirements to require that employers submit pay data in addition to information about employees’ race, gender and ethnicity. However, the new reporting requirement was not implemented and most employers did not begin collecting pay data as part of their EEO-1 data collection process.  On March 4, 2019, a federal judge ruled that employers are required to report employee pay data and vacated the stay of the revised reporting requirement.

It is unclear what will happen next. However, it seems unlikely that employers will be required to gather and submit pay data by the current reporting deadline of May 31, 2019. Instead, the decision might be appealed and a stay issued pending appeal, and/or the EEOC might extend the filing deadline for EEO-1 reports or extend the deadline for submission of the pay data portion of the report.

We will continue to monitor developments.  In the interim, employers should keep  working on their EEO-1 reports (without pay data) in the event the EEOC bifurcates filing requirements and requires submission of race/gender/ethnicity data by the original reporting deadline.

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