Breaking News – Stay Issued on the EEO-1 Pay Data Reporting Requirements

(August 30, 2017 Washington, DC) The Office of Management and Budget (OMB) announced today that it was implementing an immediate stay of the revised EEO-1 Report, preventing the long-awaited pay data reporting requirements. The stay creates much needed relief for employers, but will likely refocus pay equity discussions at the state and local level.

Employers with 100 or more employees, and federal contractors with 50 or more employees, are required to submit Employer Information Reports (EEO-1 Reports) disclosing the number of employees in their employ by job category, race, sex, and ethnicity on an annual basis. In 2016 the EEOC issued proposed changes to the EEO-1 Report which would require employers to include pay data and the number of hours worked for their employees. This was intended to identify pay gaps, which the EEOC could use to target specific employers and investigate pay discrimination practices.

The revised form would have required employers to submit the newly requested data based on any pay period between October 1, 2017 and December 31, 2017. It was due to be submitted by March 31, 2018. The OMB is concerned that some aspects of the information requested lacks practical utility, is unnecessarily burdensome, and does not adequately protect privacy and confidentiality.

Employers are still required to submit EEO-1 Reports using the previously approved form. The deadline for submission of 2017 data remains March 31, 2018.