Major changes in the data collection requirements mandated by the Equal Employment Opportunity Commission (EEOC) are hitting home this year.
The EEO-1 report that previously was due by the end of September of each year is now due by the end of March of each year. In addition, beyond the employment data by the ten EEO categories (Upper Management, Middle to Lower Management, Professionals, etc.) that has been required in the past, employers must now provide 2018 pay data and hours worked tabulated by those same EEO categories for all U.S. based employees. The data is to be provided for a payroll period falling in the last calendar quarter of the previous year.
Who must file EEO-1 reports? All companies that meet the following criteria are required to file the EEO-1 report annually:
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.
This includes non-profit as well as for-profit organizations. It excludes federal, state and local government employers, schools and universities, as well as a few other categories, which are required to file similar reports but not the EEO-1s.
The addition of the pay data requirement is intended to improve EEOC investigations into pay discrimination based on gender, race and ethnicity.
This additional reporting requirement was scheduled to be due March 31, 2019 along with the regular employment data. However, due to legal challenges and other delays, the employment data is not due until the end of May and the pay data until the end of September of this year.
As I indicated in a previous blog, I do not see how the EEOC can reach conclusions regarding pay equity based on the data collected, as the categories to be used (i.e. the eight EEO1 categories, covering all jobs from top management to entry-level laborers) are too broad for comparison.