EEOC implements OMB stay of EEO-1 pay data collection

The EEOC is giving official notice that filers subject to the EEO-1 reporting requirement should not submit aggregate data about W-2 (Box 1) income and hours worked—the pay data collection aspects of the EEO-1 form added near the end of the Obama administration. This is the information required by “Component 2″ of the EEO-1 report as approved on September 29, 2016. However, filers should continue to submit data on the ethnicity, race, and sex of workers by job category (“Component 1″ of the EEO-1 report). The EEOC noted that this is the same EEO-1 data that filers have submitted in the past. EEO-1 filers should submit and certify their 2017 EEO-1 reports (Component 1 data only) by March 31, 2018. For purposes of this EEO-1 report, they should count employees during a “workforce snapshot period” between October 1 and December 31, 2017, according to a notice slated for publication in the Federal Register September 15, 2017.
The move follows the August 29, 2017, memorandum issued by the Office of Management and Budget (OMB) informing the EEOC that the OMB was initiating a review and immediate stay of the effectiveness of Component 2 of the EEO-1 report, which required the reporting of aggregate W-2 (Box 1) income and hours-worked data by employers, including federal contractors, with 100 or more employees (see EEO-1 Report’s compensation data requirement stayed, deadline for 2017 Report remains March 31, 2018, August 30, 2017). The OMB did not stay EEO-1 Component 1, and so the EEOC will continue to collect EEO-1 Component 1 data from all filers during OMB’s review and stay.

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