Employers get a reprieve from new EEO-1 reporting requirements

The OMB indefinitely suspends the use of a new EEO-1 form that would have required employers to provide info on pay data and hours worked.

While the death of the Obama-era overtime rule might be the most anticipated employment law news of last week, it wasn't the only change regulators made. Last week, the White House Office of Management and Budget (OMB) put an indefinite hold on the new pay data collection reporting requirements of the EEO-1 form that was revised last fall.

A quick overview of the EEO-1

The Employer Information Report EEO-1 (more commonly referred to as just the EEO-1) is a compliance survey that employers must use to report employment data (categorized by race/ethnicity, gender and job category). The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) use these reports to enforce federal prohibitions against employment discrimination.

Remind me: What was supposed to have been changed for the new version?

As G&A Partners previously covered, the new EEO-1 form would have required employers who are subject to EEO-1 reporting requirements to add the following information:

• Summary pay data: The total number of full-time and part-time employees an employer had during the year in each of the 12 pay bands listed for each EEO-1 job category.
• Hours worked data: A complete tally of the number of hours worked by all employees accounted for in each pay band.

Only private employers with 100 or more employees and public contractors with 50 or more employees would have been required to file the new EEO-1 form. (Private employers with 99 or fewer employees are not subject to EEO-1 reporting requirements.)

So what does the suspension of the new report mean for employers?

Although the new version requiring the collection of data regarding pay and hours worked has been suspended, the previous version remains in effect. Employers that are subject to EEO-1 reporting requirements should still plan to submit the previously approved version of this form prior to original filing date of March 2018.

Additional information can also be found on the EEOC website: https://www.eeoc.gov/employers/eeo1survey/.

This article is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

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