As anticipated, on July 15, 2019, the Equal Employment Opportunity Commission (EEOC) opened its portal for employers to manually file Component 2 EEO-1 Compensation Data (Component 2 data) for calendar years 2017 and 2018 via the Online Filing System data collection method. The EEOC expects to refine the portal by providing a file upload function by August 15, to make filing more convenient for employers. In either case, employers required to file Component 2 data must do so by September 30, 2019.
By now, covered employers required to file Component 2 data should have received a letter via U.S. Postal Service and an email notification which includes a User ID needed to access the Online Filing System. If employers required to file have not received their log-in information, they should contact the Component 2 EEO-1 Help Desk.
As previously addressed by the Fast Laner, Component 2 data requires employers to provide reports, for 2017 and separately for 2018, with employees from the employers selected workforce snapshot period counted by sex, race/ethnicity, and pay band (based on W-2, Box 1 earnings) for each of ten occupational categories. In addition, employers must provide a report with aggregated hours worked (over the entire respective calendar year) by the employees in each of the ten occupational categories, categorized by sex and race/ethnicity.
In advance of the Component 2 portal opening, to assist filers, the EEOC released information on its website to assist employers with their filings. While litigation is still pending in the U.S. Circuit Court of Appeals that may impact these issues, employers should continue to evaluate whether they are required to file Component 2 data, and if they are required to file, prepare to file before the September 30, 2019 deadline.
Laner Muchin will continue to monitor any legal developments and provide clients with relevant updates.