New EEO-1 Reporting Requirements

On Sept. 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the approval of an updated Form EEO-1. The new EEO-1 form adds new fields to the form that is currently in use and will require certain employers to report summary pay information to the EEOC.

The EEOC and the Office of Federal Contract Compliance Programs (OFCCP) will use this information to enforce prohibitions against employment discrimination and address discriminatory pay practices.

Employers must comply with reporting requirements when they submit information for the 2017 calendar year. The new reports will be due by March 31, 2018.

New EEO-1 Reporting Requirements

The EEO-1 report is a compliance survey required by the federal government. The report requires employers to submit employment data that is categorized by race/ethnicity, gender and job category. The EEOC and the OFCCP use the information contained in these reports to enforce federal prohibitions against employment discrimination.

On Sept. 29, 2016, the EEOC announced that it would begin requiring certain employers to add summary information about their employee wages and hours of work to the EEO-1 report. A sample version of the updated form can be found here.

Specifically, the new EEO-1 will require employers to include:

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

The new EEO-1 explicitly prohibits employers from reporting individual pay or salaries.

Affected Employers

An employer’s obligation to submit the new EEO-1 depends on the employer’s workforce size and on whether it is a private employer or a federal contractor (or subcontractor).

More information can be found on the EEOC website.

DISCLOSURE

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The information provided is for informational purposes only and does not constitute legal advice. The information above contains only a summary of the applicable legal provisions and does not purport to cover every aspect of any particular law, regulation or requirement. Depending on the specific facts of any situation, there may be additional or different requirements. This is to be used only as a guide and not as a definitive description of your compliance obligations.