EEO-1: No Wage and Hours Worked Requirement
The EEOC says “stay”
On August 29, 2017 the Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria Lipnic announced that the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) set an immediate stay of the previously announced EEO-1 pay reporting requirement that would have added new pay data reporting for certain employers with 100 or more employees. This stay is not a complete rescission of the requirement, however. The government will continue its review to determine if the collection of the pay data will be “unnecessarily burdensome and adequately address privacy and confidentiality issues.”
Good news if you like longer deadlines
As you may recall, in 2016, the deadline for filing the EEO-1 report was changed from September 30, 2017 to March 31, 2018.
Wait. Backup. What is the EEO-1?
The EEO-1 report (Standard Form 100) is an annual compliance survey mandated by Title VII of the Civil Rights Act. All employers with 15 or more employees are covered by Title VII and are required to keep employment records as specified by EEOC regulations. Based on the number of employees and federal contract activities, certain large employers are required to file an EEO-1 report annually. The report requires company employment data to be categorized by race/ethnicity and gender by job category.
So, what does this mean for employers?
In addition to having more time to file your EEO-1 report and less to report on, it means that you will use the previous version of the EEO-1 Form and will continue to submit data on race ethnicity, and gender by occupational category.
The EEOC has provided a job classification guide. It might be a good idea to ensure that you have all job titles assigned to the appropriate EEO-1 job groups within your HR system now to make things easier in March. Because, remember, the deadline for filing is March 31, 2018.
ThinkHR will continue to monitor and report on developments regarding the final determination of the pay data requirement.