The EEO-1 report — who doesn’t love preparing that? With recent changes it has only gotten more fun. Many employers waited for the EEO-1 reporting portal to open for the March 31, 2020 reporting deadline, but it never did. Now some employers are wondering when they should report. Remember that EEO-1 forms are supposed to be due every year, and you must file if you are:
- An employer with 100 or more employees, and/or
- A federal government contractor who has 50 or more employees and contracts of $50,000 or more.
What Happened?
On May 7, 2020, the EEOC announced its decision to delay EEO-1 filing for calendar years 2019 and 2020 until March 2021 because of COVID-19. The EEOC recognizes that the challenges faced by employers during COVID-19 could impact their ability to not only collect the required data, but also to provide “accurate, valid and reliable data in a timely manner.”
Update on What Is Required
As mentioned in our last post on this issue, the burden related to EEO-1 filing significantly increased when the EEOC started requiring employee pay data beginning with calendar years 2017 and 2018. Employers first filed that pay data in September 2019.
In Fall 2019, the EEOC announced that it may establish a less burdensome pay data reporting requirement. That issue is still unsettled. The EEOC has decided to take a close look at the pay data collected for calendar years 2017 and 2018 to determine “the future of pay data collection.”
What Should Employers Do?
Do not wait to start collecting the required data. The EEOC recommended that you start preparing now to submit data in 2021. Although it is unclear what the report will look like, it is still possible that some form of pay data reporting could be required – by the EEOC or by court order. So, employers should start thinking about the best way to collect pay data. Assuming that you will be required to submit it at some point, you may want to get with your lawyer (so any review is privileged) and think about doing a pay audit so you can address any perceived inequities now.
