White House Suspends EEO-1 Pay Data Reporting

Ervin Cohen & Jessup LLP
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Last week the White House Office of Management and Budget (OMB) announced the suspension and review of the new EEO-1 pay data reporting requirement for EEO-1 reports due on March 31, 2018.

For years, employers with at least 100 employees have been required to complete and submit EEO-1 reports of their employees by race, ethnicity and gender.  Last year the EEO-1 report was expanded to include employee hours and pay data.  The intent of the pay data reporting requirement was to disclose pay gaps so that possible pay discrimination practices could be investigated.

While the pay data reporting requirement is under review, employers with at least 100 employees must continue to report employment by race, ethnicity and gender.  Employers may either use the revised version of the EEO-1 report form that includes pay data, with this portion left blank, or they may use the prior EEO-1 form that did not require inclusion of pay data.

In order to facilitate the new pay data reporting requirement, the usual September EEO-1 reporting deadline had been extended to March 31, 2018.  Although the pay data requirement has been suspended, completed EEO-1 reports (without inclusion of pay data or hours worked) will continue to be due by the March 31, 2018 deadline.

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.

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