Background
Last month, a federal judge ordered the Equal Employment Opportunity Commission (EEOC) to take all necessary steps to comply with changes to EEO-1 data collection obligations first announced in 2016 and stayed in 2017. These reinstated obligations increase the amount of information employers are required to collect and report to the EEOC, including pay data called Component 2 data. Component 2 data includes wage and hour data for employees broken down by race/ethnicity and gender. On May 3, 2019, the EEOC announced that it will collect both 2017 and 2018 Component 2 data from covered EEO-1 filers by
September 30, 2019.
New Requirement: Covered EEO-1 filers - private employers, including federal contractors and first-tier subcontractors, with 100 or more employees - must submit both 2017 and 2018 Component 2 data to the EEOC. The EEOC still needs to issue detailed guidance, a sample of the new EEO-1 form, and file specifications. The EEOC will be using a third party vendor to handle the data collection which may also affect how the EEOC collects the required data. More guidance should be issued soon.
New Deadline: September 30, 2019
Frequently Asked Questions and Additional Information
1. What is ADP doing to help clients comply with this new obligation?
We are preparing to support this requirement. These enhancements are targeted to be available in August.
2. Where can I learn more?
ADP has published two recent legislative updates on this topic:
Published May 3, 2019:
Update: Employers Must Submit 2017 and 2018 EEO-1 Pay Data to the EEOC
By September 30, 2019
Published May 10, 2019:
Equal Opportunity Commission Pay Data Reporting Update
ADP also has a webinar focusing on the EEO-1 reporting changes. To register and view the webinar, see the below link:
http://bit.ly/ADPwebcast52319
3. Does this change the May 31, 2019 EEO-1 Report due date for 2018 demographic data currently required?
No, this new requirement does not change the current requirements for the EEO-1 demographic reporting (Component 1) due on May 31, 2019.
We will share what we know as we learn more; we anticipate more details to come soon.