EEO-1 Update: Judge Orders Pay Data Component To Be Filed By September 30


By: Erin D. Schilling

On April 25, 2019, the U.S. District Court for the District of Columbia gave an oral ruling from the bench reportedly accepting the EEOC’s proposal to make employers submit their 2018 pay data by September 30, 2019.  This is consistent with the proposal the EEOC submitted on April 3, 2019 on which we previously reported.

The pay data is referred to as Component 2 of the EEO-1 report and includes detailed data on employee compensation and hours worked from covered employers sorted by job category, pay band, race, ethnicity, and gender. The pay data is required to be from the 2018 calendar year.

All employers who are required for 2018 to file an EEO-1 report 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.

According to the Court’s docket, a written order is forthcoming. It is also expected that the EEOC will be updating its website to provide instructions on the collection and reporting of this pay data.

Polsinelli will continue to monitor this issue and provide updates on reporting requirements.