On September 29, 2016, the EEOC announced that it would collect summary pay data from certain employers for the first time as part of the Employer Information Report (EEO-1) for 2017 that was due on March 31, 2018.
However, before the report was due, the Office of Management and Budget issued a memorandum blocking the revisions indefinitely. On May 3, 2019, a federal district court ruling reinstated the pay data requirement.
Even though the court case reinstating the pay data requirement has been appealed, employers are still required to provide pay data for 2017 and 2018 by September 30, 2019.
With some exceptions, private employers with 100 or more employees and federal contractors with 50 or more employees must complete an EEO-1 report each year.
Covered employers already provide demographic information on the form regarding the gender, race and ethnicity of employees by job category. The revised form now also asks for data about employees’ pay as reflected in box 1 of their W-2 forms.
The EEOC would prefer that employers file online. When doing so, don’t forget to click the “certify report” button; otherwise, the EEOC will not receive your report. Go here to file, and find the EEOC’s FAQs on filing here.