Employers take note: in May, we introduced the new deadline for submitting pertinent information to the Equal Employment Opportunity Commission (EEOC).

As you’re likely aware, the EEOC now requires employers to disclose equal pay data on its Employer Information Report (EEO-1). The equal pay data is known as Component 2 of the EEO-1 and has been the subject of recent litigation.

Although the threshold for an equal opportunity employer is relatively low, you're only required to follow the EEO-1 report (on an annual basis) if you have:

  • 100 or more employees.
  • Fewer than 100 employees, but your company is owned by, controlled, or affiliated with another company that has 100 or more employees.
  • At least 50 employees and a federal contract or subcontract of $50,000 or more.

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The September 30 deadline for Component 2 of the EEO-1 (for 2017 and 2018 data) is quickly approaching. Let’s refresh your memory to ensure you know what is required of you as an employer (and avoid any compliance violations).

What is the EEO-1 Report?

The EEO-1 report is collected annually under the authority of Title VII of the Civil Rights Act of 1964 and requires company employment data to be categorized by race, ethnicity, gender, and job category.

The EEOC and Office of Federal Contract Compliance Programs (OFCCP) reviews these reports to identify any potential workplace discrimination occurrences and to determine if any compliance violations are to be further investigated.

You can see a sample report here.

Is my business required to file the EEO-1 report?

Chances are you’re familiar with Title VII of the Civil Rights Act of 1964. If you have 15 or more employees, you are considered an equal opportunity employer and must comply with Title VII.

Although the threshold for an equal opportunity employer is relatively low, as a reminder, you’re only required to follow the EEO-1 report (on an annual basis) if you have:

  • 100 or more employees.
  • Fewer than 100 employees, but your company is owned by, controlled, or affiliated with another company that has 100 or more employees.
  • At least 50 employees and a federal contract or subcontract of $50,000 or more.

How to File EEO-1 Component 2 by Sept. 30

In a previous blog, we touched on the requirements for filling out Component 2 of the EEO-1, but let’s break it down:

  1. If you have not already, create an account for the Component 2 EEO-1 pay data filing by clicking here.
  2. Debrief yourself on deadlines and reminders by reading the Component 2 EEO-1 fact sheet by clicking here.
  3. Gather the data for an EEO-1 report. Employers will select a pay period between October 1 and December 31 of the reporting year as the workforce snapshot period.
    1. Click here to see a sample form so you know what to gather prior to filing.
      1. SHRM explained that you will use Box 1 wages from Forms W-2 for reporting.

      2. For nonexempt employees, the reported hours worked should show the actual hours worked. For part-time exempt employees, it should show an estimated 20 hours per week. For full-time exempt, it should show 40 hours per week.

      3. You’ll notice that employees must be counted by gender, race, ethnicity, job category and salary. See the Appendix for a more detailed explanation.

The Future of EEO-1 Component 2 is Nonexistent

Reported by SHRM, the EEOC will not require the Component 2 report to be filed in the future. The EEOC understands the burden for employers to complete this report and determined it outweighed the usefulness for the agency.

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Disclaimer: Please note that this is not all inclusive. Our guidance is designed only to give general information on the issues actually covered. It is not intended to be a comprehensive summary of all laws which may be applicable to your situation, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion. Consult your own legal advisor regarding specific application of the information to your own plan