On March 18, 2019 the Equal Employment Opportunity Commission (EEOC) announced employers may now begin using the EEO-1 Online Filing System to report their 2018 employment data.The official opening followed a federal court decision, issued on March 4, 2019, that reinstated requirements for employers to also include information about employee pay and hours of work on the revised EEO-1 Reports.
Because the current 2018 EEO-1 does not accommodate this information, the court issued another ruling on March 19, 2019. Under this ruling, the EEOC must inform employers of its plan for collecting pay and work-hour data on the 2018 EEO-1 by April 3, 2019.
Below are answers to 10 of the most common questions relative to the EEOC, EEO-1 filing, the current controversy, and other important information for employers around the reporting requirements.
Equal Employment Opportunity (EEO) laws prohibit specific types of job discrimination in certain workplaces.
The Department of Labor has two agencies which deal with EEO monitoring and enforcement, the Civil Rights Center and the Office of Federal Contract Compliance Programs.
The Equal Employment Opportunity Commission (EEOC) is an independent federal agency that promotes equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance. Applicants and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations may be assisted by the EEOC.
Each year, certain employers are required to file an EEO-1 Report, a federally mandated survey that collects workforce data, categorized by race, ethnicity, sex and job category. The EEOC uses this information to enforce federal prohibitions against employment discrimination and discriminatory pay practices.
With some exceptions, employers must file EEO-1 Reports by March 31 every year.
However, the deadline for 2018 reports has been extended to May 31, 2019.
On Sept. 29, 2016, the EEOC announced that it would begin requiring certain employers to add information about their employees’ wages and hours of work to their EEO-1 reports. This was to be reported using a revised EEO-1 form that labels the new wage and hours information requirements as EEO-1 “Component 2” data.
Due to concerns about the burden that the Component 2 requirements would place on employers, the federal Office of Management and Budget (OMB) blocked them in August 2017. As a result, employers did not have to include pay or hours-worked data on their 2017 EEO-1 reports (which were due July 1, 2018).
On March 4, 2019, the U.S. District Court for Washington, D.C., issued a decision that reinstated the EEO-1 Component 2 requirements. Two weeks later, however, the 2018 EEO-1 officially opened with no way for employers to enter the Component 2 data.
The court addressed this the next day, March 19, 2019, by ordering the EEOC to announce how it plans to collect the Component 2 data on the 2018 EEOC-1. The order set an April 3, 2019, deadline for the EEOC to comply. The EEOC also released a statement on March 19, 2019, indicating that it is “working diligently on next steps in the wake of the court’s order” and “will provide further information as soon as possible.”
Although the EEOC sends notification letters to employers it knows are subject to EEO-1 requirements, all employers are responsible for obtaining and submitting the necessary information by the appropriate deadline. Therefore, all employers should:
The following employer descriptions are subject to EEO-1 Reporting Requirements:
Any employer failing or refusing to file Report EEO-1 when required to do so may be compelled to file by order of a U.S. District Court, upon application of the EEOC.
Employers found guilty of making willfully false statement(s) on the EEO-1 are in violation of the United States Code, Title 18, section 1001, and punishable by fine or imprisonment.
For more information about your EEOC requirements, contact us at firstname.lastname@example.org or call 602-903-4047.
Joanna Morrow is an employer consultant and advocate who has worked in the employee benefits industry for over two decades. She works diligently to help employers overcome obstacles in their business by sharing her expertise in Human Resources, Benefits & Compensation, Process Mapping, Risk Management and ERISA/DOL/IRS compliance. She is a licensed life and health insurance professional in the State of Arizona and is an active member of the National Association of Health Underwriters (NAHU). Joanna is a senior partner at Arizona Benefit Consultants in Phoenix.