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Breaking EEOC News: EEOC has until April 3 to provide EEO-1 guidance to employers

In September 2016, the Equal Employment Opportunity Commission (EEOC) announced enhanced EEO-1 reporting requirements for all employers subject to completing the EEO-1 form. In addition to the already required job category, ethnicity, and gender data, employers also needed to report on employees’ W-2 wage data and hours worked.

However, partly because of an outcry among businesses, these increased reporting requirements were suspended in August 2017 so the Office of Information and Regulatory Affairs could conduct a review of the rules and their potential effectiveness. And for the past several reporting cycles, employers have used the prior form.

But this could change. On March 4, the U.S. District Court for the District of Columbia found the government did not have proper justification to stay implementation of the EEOC’s expanded reporting requirements. Because of this, the court has vacated the 2017 stay and ordered the previous approval of the revised EEO-1 form shall be in effect.

The 2018 reporting cycle was delayed due to the government shutdown earlier this year, which pushed the opening of the EEO-1 filing portal until March 18. The EEOC did in fact open the portal on March 18, but stated that it was prepared to receive only component 1 data, which does not include hours worked or wage data. The EEOC did however say that it would be shortly addressing the court ruling and whether employers will be required to submit component 2 data this reporting cycle.

As of yesterday, March 19, a federal district court ruled that the EEOC and the Office of Management and Budget have until April 3 to tell employers if companies will have to report hours and wage information this reporting cycle.

It is important to note that the government can appeal the March 4 ruling, at which point the ruling will most likely be stayed pending appeal (thus rendering it ineffective) and allowing employers to complete the 2018 filing without hours or wage data.  Another likely scenario is that the EEOC announces, by April 3, that employers are required to report wage and hours data, but provide an extension of the current May 31 filing deadline. 

We await instruction from the EEOC on this matter, but all employers subject to EEO-1 reporting requirements need to be aware of this breaking news.

We’ll continue to monitor and provide updates on the EEO-1 report as they happen.