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Labor and Employment Law Updates

EEO-1 Submissions for Larger Employers Due September 30, 2019

On or before September 30, 2019, private employers with at least 100 employees must must submit data regarding employees’ W-2 compensation information and hours worked (which the Equal Employment Opportunity Commission (“EEOC”) refers to as a “Component 2” EEO-1) for years 2017 and 2018, the EEOC has announced.

The EEOC has long required certain employers (namely, private businesses with 100 or more employees and federal contractors with 50 or more employees)FN1 to report the number of their employees by sex, race/ethnicity, and job category through its Employer Information Report, known as the EEO-1.FN2 The revised EEO-1 form now requires larger employers (those with at least 100 employees) to report additional W-2 compensation information within 12 pay bands, ranging from about $19,000 to more than $208,000, and total hours worked for all employees organized by sex, race, ethnicity, and ten different job categories. Employers are required to select a pay period between October 1 and December 1 of the reporting year as the “workforce snapshot period.” Compensation and hours worked data will only be reported for full-time and part-time employees who were on the employer’s payroll during the workforce snapshot period.

The Component 2 EEO-1 survey for 2017 and 2018 submissions is now open, and the portal for filing is located at the following address: https://eeoccomp2.norc.org/. A sample copy of the Component 2 EEO-1 form can be found here: https://eeoccomp2.norc.org/assets/documents/Comp2EEO1OnlineFilingSampleForm.pdf

Takeaway

In order to avoid potential pay discrimination claims by the EEOC, covered employers should consider performing a self-audit of payroll data before submitting it to the EEOC to identify potential disparities within job categories relative to race, ethnicity or sex. 

Footnotes

FN1:   See https://www.eeoc.gov/employers/eeo1survey/whomustfile.cfm

FN2:   The EEO-1 report (Standard Form 100) is collected annually under the authority of Title VII of the Civil Rights Act of 1964 (Title VII). If a covered employer fails to submit its EEO-1 report, under Section 709(c) of Title VII, the EEOC may compel an employer to file its EEO-1 report by obtaining an order from the U.S. District Court.  See https://www.eeoc.gov/employers/eeo1survey/about.cfm for more information.