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New Requirement Regarding Annual EEO-1 Reports.

(This affects employers with over 100 employees or over 50 employees with federal contracts / subcontract.)

Employers finally have an answer to when they must comply with a new requirement regarding their annual EEO-1 reports.

In an April 25 ruling, the U.S. District Court for the District of Columbia said the Equal Employment Opportunity Commission (EEOC) has until September 30 to collect 2018 compensation and hours-worked data—what’s being called Component 2—as part of employers’ EEO-1 reports. Employers with at least 100 employees are required to submit the data.

The court ruling requires the EEOC to collect 2 years of Component 2 data. One of the years will be 2018, but the court gave the agency a choice of whether to collect 2017 or 2019 data for the second year of required data.

The deadline for employers to submit Component 1 data—the race/ethnicity, gender, and job category information that has always been required in EEO-1 reports—is May 31.

The purpose of EEO-1 reports is to help the EEOC gauge compliance with federal equal opportunity laws. The Obama administration added the new Component 2 requirement as a way to identify pay disparities across industries and occupations.

Before the new requirement went into effect, however, the Trump administration issued a stay, claiming the new requirements were too burdensome. That stay was lifted by Judge Tanya S. Chutkan of the federal district court on March 4, and the EEOC responded that it would not be able to meet the May 31 EEO-1 deadline. The agency said it would need until September 30 to collect the newly required pay and hours-worked data.

Several employer groups had asked the court to postpone the new Component 2 requirement until 2020. Fortney & Scott, LLC, in Washington, D.C., which represented one of those groups, posted the following deadlines on its website: