EEO- Reporting Requirement


For many years, the Equal Employment Opportunity Commission (EEOC) and the Department of Labour’s Office of Federal Contract Compliance Programs (OFCCP) have collected data from certain private employers and federal contractors and subcontractors about their employees on the “Employer Information Report,” or the EEO-1 Report. The current EEO-1 Report collects annual data about the number of employees by job category and by sex and race or ethnicity.
On September 29, 2016, the EEOC announced revisions to the EEO-1 Report that will require most private employers to submit employee pay data to the federal government on an annual basis. The new requirement begins with the 2017 EEO-1 reporting cycle and will be due by March 31, 2018. This paper outlines what changed in the reporting requirements, what didn’t change, and what HR professionals need to consider as the new reporting requirements are implemented.
If your company has more than 100 employees or if you have a federal contract of $50,000 or more and 50 or more employees, you are required to complete the annual EEO-1 report. This is a basic report on the demographics of the employees working for your company. In the past, this report was filed between July 1 and September 30. Starting in 2017, due to an effort to collect wage and hour information, the filing window was changed to January 1 to March 31, based on a pay period the company selects between October 1 and December 31.
On August 29, the EEOC announced that the Office of Management and Budget (OMB) initiated a review of the pay-data collection aspect of the updated EEO-1 report. In accordance with the Paperwork Reduction Act (PRA), OMB has issued a stay on the collection of the wage-and-hour data component of the revised EEO-1 report. Therefore, while you must still file the report between January 1 and March 31, it has reverted to the traditional EEO-1 report, with no pay information required.
 What is different about the new EEO-1 Report?
The revised EEO-1 Report includes two components – called Component 1 and 2 by the EEOC. Component 1 includes the data that employers historically reported on their annual EEO-1 Report – employee demographic data by sex and race/ethnicity in 10 EEO job categories. No changes were made to the EEO job categories. Employers will also report demographic data using the same race/ethnicity and gender categories as in prior years.
No changes were made to the 10 EEO job categories, which include:
  1. Executive/Senior Level Officials and Managers;
  2. First/Mid-Level Officials and Managers;
  3. Professionals;
  4. Technicians;
  5. Sales Workers;
  6. Administrative Support Workers;
  7. Craft Workers;
  8. Operatives;
  9. Laborers and Helpers; and
  10. Service Workers.
Component 2 of the new EEO-1 Report requires that employers report employee pay and hours worked information in 12 pay bands by race/ethnicity and sex in each of the current 10 EEO job categories. Below is a sample of what the new pay data report looks like for one of the 10 EEO job categories:
Who must file the EEO-1 Report?
Whether a company is required to file one EEO-1 Report is based on the total number of employees, not the number of employees at only one location. Private employers, including federal contractors and subcontractors, with 100 or more employees, will be required to submit Component 1 and Component 2 of the revised EEO-1 Report. Federal contractors and subcontractors with 50-99 employees will not file Component 2 (summary pay or hours worked data) but will continue to file Component 1 (employee data by sex and race/ethnicity) on an annual basis.
Employers who are not federal contractors or subcontractors with 99 or fewer employees and federal contractors and subcontractors with 49 or fewer employees will remain exempt from completing the EEO-1 Report. Also, state and local governments, primary and secondary public-school systems, higher education institutions, American Indian or Alaska native tribes, and tax exempt private membership clubs other than labour organizations will continue to be exempt from the EEO-1 Report filing requirements.
When do employers have to file the new report?
Employers historically filed EEO-1 Reports by September 30 of each year. No reports will be filed in September 2017. Instead, under the new reporting timeline, all covered employers, including those who only must file Component 1, will file EEO-1 Reports by March 31 of each year, beginning in March 2018.
What pay period should be used for the new report?
Employers historically selected a pay period between July 1 and September 30 of each year. Under the new requirements, employers may choose any pay period between October 1 and December 31 as the workforce snapshot period. For example, for the EEO-1 Report that must be filed by March 31, 2018, employers may choose any pay period between October 1 and December 31, 2017

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