EEOC to Delay Reporting on Pay by Race, Gender

OMA Connections Partner Frantz Ward has provided an update on Employer Information Report EEO-1. Last month, a federal court ordered the immediate reinstatement of the Equal Employment Opportunity Commission’s (EEOC) pay data collection provisions, which would require covered employers to report compensation information by race, ethnicity, and gender in their EEO-1 report. The Trump Administration had suspended these Obama-era provisions in 2017.

According to Frantz Ward’s analysis, the EEOC is not equipped to begin pay data collection. As a result, the commission intends to delay the data collection until Sept. 30, 2019, at the earliest. It is possible the court’s March ruling could be appealed.

The firm advises employers to submit the Component 1 EEO-1 report data as required by May 31, 2019. At the present time, it is not clear when Component 2 pay data will need to be submitted, but employers should be prepared to submit the data at a later date. We will continue to monitor this developing situation. 4/15/2019