EEO-1 Filing Update: EEO-1 Reports Still Due May 31, 2019 - Pay Data by September 30, 2019...for now
After last week's news that the EEOC will require employers to submit 2018 EEO-1 pay and hours data by September 30, 2019 TAMS was flooded with questions from clients. These questions included:
What if we already filed the 2018 EEO-1 Reports?
Is the entire EEO-1 Filing now due September 30, 2019?
We contacted EEOC and they said no pay data is due for 2018, what do we do?
What data is required for the EEO-1 filing?
As it currently stands, EEO-1 Reports are still due by May 31, 2019. These EEO-1 filings are the same format as the reports you filed in 2018, no pay data is included...yet!
Although some expected an official announcement, the EEOC has not issued any statement, and the extension of the EEO-1 deadline appears only to apply to Component 2 pay and hours data because EEOC’s website still lists the deadline for submission of the Component 1 demographic data as May 31, 2019. The EEOC will not issue any official word until the federal judge makes a ruling in the case. For now, TAMS Group believes employers should focus on pulling the Component 1 data. Again, the data must be from one payroll period between 10/1/2018 and 12/31/2018.
A coalition of employer advocacy groups (including, among others, the U.S. Chamber of Commerce, Society for Human Resources Management, and Associated Builders and Contractors) on April 4, 2019 filed an amicus curiae brief requesting that employers be provided at least 18 months to comply with the pay data and hours requirement.
On April 8, worker-advocacy groups asked the court to reject the EEOC's proposal and direct the agency to:
Inform covered employers by April 12 that they should be prepared to submit pay data during the current EEO-1 reporting period.
Develop a plan to open pay-data collection well before May 31 so employers can submit Component 1 and 2 information together by that date, or clearly show by April 19 why doing so isn't possible.
It looks like we have a rocky couple of weeks ahead of us!
In order to play it safe, until the EEOC officially announces anything to the contrary, employers should continue to move ahead on the 2018 EEO-1 filings without pay data and work toward the May 31 deadline. TAMS Group will continue to keep its clients updated on new developments regarding EEO-1 filings.