Covered employers will only have until September 30, 2019 to report pay data as part of their annual EEO-1 filing.
On April 25, 2019, a federal judge ordered the Equal Employment Opportunity Commission (EEOC) to collect pay data from the 2018 calendar year (sorted by job category, pay band, race, ethnicity, & gender) by September 30, 2019. The judge’s order also stipulated that EEOC will have to collect a second year of data as well. The EEOC has to choose between the 2017 or 2019 calendar year data and let the court know by May 3, 2019.
Questions remain around the reporting process, including instructions from EEOC about reporting logistics and other practical considerations. There is also the possibility of an appeal in the current litigation which may impact the reporting deadline. But based on Judge Chutkan’s order, employers will need to start working on complying with the reporting obligations for this year.
All employers who are required to file an EEO-1 report for 2018 will be required to submit pay data. This includes:
- All private employers with 100 or more employees that are subject to Title VII of the Civil Rights Act of 1964, as amended.
- Some private employers with fewer than 100 employees, if the employer is owned or affiliated with another employer — or there is centralized ownership, control or management — so that the employers together legally constitute a single enterprise, and the entire enterprise employs a total of 100 or more employees.
- Federal contractors that employ 50 or more employees and are prime contractors or first-tier subcontractors and have a single contract, subcontract or purchase order amounting to $50,000 or more.
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