Federal Court Reinstates Collection of Pay Data on EEO-1 Report

March 11, 2019

A federal judge has reinstated the collection of pay data as part of the EEO-1 Report filing. The revised EEO-1 form was an Obama-era change that would have required employers with 100 or more employees to report W-2 wage information and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands. The pay data collection requirement was originally slated to go into effect on March 31, 2018, but stalled after the Office of Management and Budget (OMB) stayed the implementation of the pay data collection portions of the revised EEO-1 Report. As a result, the Court ordered that the previously approved revised EEO-1 Report that required the collection of pay data form shall be in effect. As we have previously reported, the current EEO-1 Report filing deadline is on May 31st. We will continue to monitor the situation and will provide updates as they become available. Federal regulations require that all employers in the private sector with 100 or more employees, and federal contractors and subcontractors with 50 or more employees and a federal contract or subcontract amounting to $50,000 or more, file the EEO-1 Report annually.