OMB Halts Controversial Pay Data Collection Portion of EEO-1

Faegre Baker Daniels

Employer concerns regarding the upcoming burdensome EEO-1 reporting requirements will be relieved by the welcome news that the Office of Management and Budget (OMB) issued a memorandum yesterday to the U.S. Equal Employment Opportunity Commission implementing an immediate stay of the new Component 2 to its Employer Information Report (EEO-1) Form. Added on September 29, 2016, these highly controversial revisions to the EEO-1 Form would have required all employers with 100 or more employees who currently submit the EEO-1 Form to add summary compensation and hours worked data to their annual disclosure of data about employees’ gender, race and ethnicity.

The OMB has initiated a review of the pay data collection aspects of the revised EEO-1 Form to assess its effectiveness. It is in unclear at this time whether they will further revise the EEO-1 Form. In the meantime, affected employers are only required to submit Component 1 of the EEO-1 Form which collects data on race, ethnicity and gender. The revised deadline for filing remains March 31, 2018 (rather than as historically required by September 30).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Faegre Drinker Biddle & Reath LLP

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