Court Orders Employer Reporting on Pay Data by Race, Gender by Sept. 30

OMA Connections Partner Calfee has provided another update on the Equal Employment Opportunity Commission’s (EEOC) 2016 requirement that ordered covered employers to report compensation information by race, ethnicity, and gender in their Employer Information Report EEO-1 reports. The Trump administration suspended these provisions in 2017.

Late last week, a U.S. district judge for the District of Columbia ruled that — in addition to submitting EEO-1 surveys on employee demographic data by May 31 — covered employers (e.g., those with at least 100 employees, or federal contractors with at least 50 workers) must also report employee pay data by September 30. More than 60,000 employers would be affected if the judge’s ruling stands.

This week, as a result of the April 25 court order, the EEOC announced that both calendar year 2018 and calendar year 2017 Component 2 EEO-1 pay data will be due September 30, 2019. The collection period for 2017 and 2018 data will open mid-July.

This is a developing issue. The OMA will keep you apprised as more information becomes available. 5/2/2019

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