Annually, certain employers are required to submit the EEO-1 Survey to the U.S. Equal Employment Opportunity Commission. Covered employers were required to submit Component 1 of the EEO-1 Survey by May 31, 2019.

Component 1 does not require the submission of pay-related data.  However, as we previously addressed, a federal court reinstated a revised requirement to the EEO-1 Survey that now requires covered employers to report Component 2 pay-related data for employees by September 30, 2019. 

Component 2 pay-related data requires covered employers to classify employees based on job category, gender, race and ethnicity, with the addition of employees’ pay bands (based on W-2, Box 1 earnings for the calendar year), as well as aggregated hours worked by employees. 

The EEOC recently announced that covered employers must submit EEO-1 Component 2 pay-related data for both calendar years 2018 and 2017. Prior to the EEOC’s announcement, it was not clear if data for 2017 would be required. 

Covered employers should not delay in compiling the required pay-related data (which now requires two years’ of data submission).  While the deadline for Component 2 of the EEO-1 Survey is September 30, 2019, the EEOC is expected to begin collecting data for Component 2 later this summer.