Following up on our prior posts here and here, after over a month of delays, a federal district court judge has ruled that employers with at least 100 employees (“covered employers”) must submit EEO-1 survey data on employees’ pay and hours worked in 2018 by September 30, 2019.

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia also ruled that covered employers must turn over two years of pay data to the EEOC.  All covered employers will have to submit pay data for 2018 by the September 30, 2019 deadline, and the EEOC has the option to require the submission of 2017 pay data by the September 30 deadline or the submission of 2019 pay data during the 2020 reporting period.  The EEOC must decide by May 3.

As such, the schedule for covered employers to submit their EEO-1 Reports is as follows:

Component 1 (demographic data):  Covered employers must report Component 1 of their EEO-1 Reports by May 31, 2019.  Component 1 includes the number of individuals employed by job category, sex, race, and ethnicity.

Component 2 (pay data):  Covered employees must report Component 2 of their EEO-1 Reports by September 30, 2019.  Component 2 of the EEO-1 Report requires covered employers to report the total number of full-time and part-time employees by demographic categories in each of 12 pay bands listed for each EEO-1 job category based on W-2 earnings. Covered employers must also report the number of hours worked by all of the employees accounted for in each of the 12 pay bands.

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