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Enhanced EEO-1 reporting requirements suspended

In September 2016, the Equal Employment Opportunity Commission (EEOC) announced enhanced EEO-1 reporting requirements.  These additional reporting rules required all employers subject to completing the EEO-1 form to report on employees’ W-2 wage data and hours worked. However, partly because of an outcry among businesses, these increased reporting requirements have been suspended. For the upcoming 2017 EEO-1 report deadline, employers do not need to report employee wage and hours worked data.

Recognizing and fighting discrimination in the workplace has been the main goal of the EEOC since its inception over 50 years ago, and the EEOC implemented these expanded requirements in order to help find and distinguish pay disparity between genders and races or ethnicities. However, businesses complained that the new requirements would needlessly burden them, doing little to enhance the interests of pay equality.

Initially, when the new mandate was announced, many predicted that the new reporting requirements were either going to be delayed or suspended. On August 29, that prediction came true when the EEOC announced the suspension of these expanded EEO-1 reporting requirements.

The new reporting requirements are being delayed so the Office of Information and Regulatory Affairs can conduct a review of the rules and their potential effectiveness. While the new requirements have been suspended, the EEOC reminds employers that they are still required to file an EEO-1 form by March 31, 2018, reporting on gender, ethnicity and job category, in alignment with previous years reporting. The EEOC also made it clear that they intend to strongly enforce the current rules and, pending the review, it is quite possible that wage and hour data will still become part of their reporting requirement.