The U.S. Equal Employment Opportunity Commission will require covered employers to file EEO-1 compensation data for both calendar years 2017 and 2018 by Sept. 30, the agency indicated in a recent notice.
For all employers, the EEO-1 portal is now open for the collection of Component-1 data, and employers should be preparing to submit those data in normal course to the EEOC by May 31, says James A. Paretti, Jr. a Littler shareholder, in a new legal alert.
Previously, on April 25, the U.S. District Court for the District of Columbia ordered the EEOC to collect detailed data on employee compensation and hours worked sorted by job category, pay band, race, ethnicity and gender (the so-called “Component-2” of the EEO-1 form) for calendar year 2018 by Sept. 30, 2019.
At that time, Paretti says, the court gave the agency the option to collect 2019 compensation data in next year’s reporting period in lieu of collecting retrospective 2017 data. In its latest notice, the agency indicates that it has declined that option, and will collect two years of data in the current cycle.
“There is, of course, the possibility that the government may appeal and/or seek a stay of the court’s decision,” Paretti says. “Absent such action, however, it appears that covered employers may be required to report this compensation data, at least for the periods of time covered by the court’s order.”