Under the Obama administration, the Equal Employment Opportunity Commission (EEOC) sought to amend the EEO-1 form to require additional information about the wages and hours to help uncover equal pay violations. In 2017, the Trump administration sought to block these changes. On May 4, 2019, a federal court, presided over by Judge Tanya Chutkan reinstated these changes.
Due to concerns over user privacy and security risks associated with the usual May 31 deadline, Judge Tanka responded to an EEOC requests to push back the reporting deadline to September 30, 2019. This date is now the deadline for the specific, new pay data required by the EEOC but the information that has always been required to be reported was still due May 31, 2019.
For now, this new deadline is the date that employers who are required to file an EEO-1 report need to be shooting for. It is worth keeping in mind, however, that a new appeal has been filed and so this date may be changed once again before September. Whether this new date stays in place or not, here is all you need to know about EEO reporting in 2019 as it currently stands.
Who Needs to File an EEO-1 Report?
We can start by excluding any company with less than 100 employees and who do not have federal contracts. If you are an employer that fits into both of these categories, you will not need to file an EEO-1 report.
If you do have over 100 employees, you will have to file one unless you fall into one of the exempt categories. These types of organizations include public schools and higher education institutions, Native American tribes, and tax-exempt private membership organizations.
Also, according to the EEOC and the Department of Labor, “Federal contractors with 50 or more employees, that also are prime or first-tier subcontractors with a contract worth $50,000 or more; or are a depository for US government funds in any amount; or are an issuing and paying agent for US Savings Bonds and Savings Notes”, also must file.
What Information is Required on an EEO-1 Report in 2019?
As mentioned above, the usual data that your company has been reporting on past EE0-1 forms are still required and had to be submitted by May 31, 2019. This includes all your companies 2018 data about your employee’s job category, race, ethnicity, and sex.
The new information that is now required and currently due on September 30, 2019, relates to employees pay. This means all wage information including W-2 wages, total hours worked, race, ethnicity, and sex. This new information that needs to be reported encompasses this data from both 2017 and 2018.
Easily File Your EEO-1 in 2019 with OnePoint HCM
The best method to file your EEO-1 report is through the EEO-1 Survey Application. This online submission method will automatically create a table for employers to provide the required information. The EEO-1 report is a standard report within the OnePoint platform. The unified database facilitates the collection of all the required employee demographics and pay data. As new data becomes required the EEO-1 report will be updated and through integrated employee requests the additional information that you don't already have can be captured via self service actions. Out of the box reporting and automatic updates keep your report in synch with changing data requirements. The report is ready and formatted to be exported and submitted via the federal online portal to meet deadlines.
Looking Forward
While the new EEO-1 reporting deadline is still in flux, it is very probable that they will be due in September 2019 or shortly thereafter. Now is the time to understand if you are required to report this new information and, if so, get it ready to go.
*This article is intended for informational purposes only, and does not constitute legal information or advice. If you are seeking legal advice, you are encouraged to consult an attorney.
