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Updates on the EEOC’s EEO-1 Form Reporting Requirements
June 26, 2019
Parsons Behle & Latimer Legal Briefings


The EEOC has historically collected data from certain employers regarding the gender, race and ethnicity of their employees. Pursuant to federal law, businesses with at least 100 employees (and some federal contractors with at least 50 employees) must submit an EEO-1 form each year providing information relating to race, gender and job categories. Private employers with fewer than 100 employees do not have to submit an EEO-1 form. 

Component 1 Data

In the past, the EEOC was primarily concerned with the general makeup or demographic of the workplace. This data is called “Component 1” information and relates to the number of employees who work for the business sorted by 10 job categories, race or ethnicity and gender.  Component 1 of the EEO-1 form has not changed from prior years.

Component 2 Data

In 2016, the EEOC proposed revisions to the EEO-1 Form to include specific pay data based on gender and hours worked. This additional gender and pay data is called “Component 2” information. Implementation of the Component 2 reporting was ultimately delayed for a few years.  The revised EEO-1 Report requires employers to provide substantially more information to the government than previously mandated, with an express intent of assisting the government in discovering employers committing pay discrimination. These highly-controversial revisions to the EEO-1 Form were originally scheduled to go into effect in 2018. However, the Trump Administration placed a stay on the Component 2 reporting in 2017 – an act which prompted the filing of lawsuits, most notably by the National Women’s Law Center.

Recently, a federal district court lifted the stay and mandated implementation of the revised EEO-1 form. See National Women's Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.).  Affected employers should be assembling and plan to submit Component 2 data for calendar year 2017 and for calendar year 2018 by Sept. 30, 2019, as Ordered by the National Women's Law Center court.

Employers should note that on May 3, 2019, the Department of Justice filed a Notice of Appeal in National Women's Law Center. The filing of the Appeal does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data. Affected employers should begin preparing the submission of Component 2 data by the deadlines stated above.

EEO-1 Reporting Deadlines

 

Component 1 Data

Component 2 Data

Due Date

May 31, 2019

September 30, 2019

Due Date if Extension Requested

June 14, 2019

Not Applicable

Year(s) of Data Required

2018

2017 and 2018

Type of Data

Numbers of Employees by:

·      Race or ethnicity

·      Gender

·      Job category

Pay Data including:

·      Compensation rates

·      Hours worked

For employees by:

·    Race

·    National origin

·    Sex

·    Job category

Employers required to file EEO-1 form

·         Businesses with 100 or more employees

·         Businesses with fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees

·         Some federal contractors with at least 50 employees


How to Submit Component 2 Data

The EEOC expects a web-based portal for the collection of 2017 and 2018 Component 2 data will be active by mid-July 2019.  This portal is not yet open. However, the EEOC has stated it will be notifying already-registered employers prior to the launch of the portal and will be providing FAQs and other materials to assist employers with the submission of Component 2 data.

The EEOC anticipated a fully-operational helpdesk to be available by approximately June 17, 2019, but the helpdesk is not yet operational. When the helpdesk opens, the contact information will be as follows:

Email:  EEOCcompdata@norc.org

Toll Free: (877) 324-6214

For Utah organizations with questions about EEO-1 reporting obligations, please contact Christina Jepson at 801-532-1234 or cjepson@parsonsbehle.com for more information. Organizations located in Idaho may contact Maria Hart at 208-562-4900 or send an email to mhart@parsonsbehle.com for more information.