A district court has ordered that employers covered by EEO-1 reporting requirements must submit 2018 wage and hour data for their workforces by September 30, 2019. The EEOC has also determined that 2017 wage and hour data must also be reported by September 30, 2019. Employers will submit these reports as “Component 2” of the EEO-1 form. Information regarding 2018 race/ethnicity and gender data, which employers will now submit as part of “Component 1” of the EEO-1 form, must still be provided by May 31, 2019.
An employer must file the components of an EEO-1 form if any of the following are true:
The employer has 100 or more employees;
The employer is affiliated through common ownership and/or centralized management with other entities in an enterprise with 100 or more employees; or
The employer or any of its establishments has 50 or more employees and a prime contract or first-tier subcontract with the federal government of at least $50,000.
The court’s decision is subject to appeal, but covered employers should nonetheless begin the process of collecting the necessary data in order to ensure that they can report on time if no appeal is taken.