25 April 2019

EEO-1 Pay Data Reporting Resurrected

The Obama administration’s controversial pay and hours worked data reporting is back on.  Today a federal district court issued an order requiring some 60,000 covered employers to submit detailed pay data to EEOC this fall.

Last month a federal judge in Washington, D.C. ordered the Trump administration to reinstate an Equal Employment Opportunity Commission rule requiring larger employers to report summary pay information with their annual EEO-1 reports.

Under the reinstated rule, employers would be required to submit employee data organized by race, sex and job category.  Additionally, the data would need to be further sorted and aggregated into one of 12 annual earnings bands.

The EEOC has stated that its current data processes are programmed to collect 140 data fields for the demographic information. The new pay data requirement will result in the potential of 1,680 separate data fields (3,360 when including hours worked).  The EEOC has further indicated that it will need to engage an outside data metrics contractor to collect and analyze this additional information.

The judge ruled today that employers are required to turn over this worker pay data to the EEOC by September 30, 2019.  Meanwhile, the May 31, 2019 deadline for current EEOC reporting has not been rescinded by EEOC.

We anticipate that there may be further challenges to this ruling, as well as guidance from EEOC.  Miller Johnson’s Affirmative Action and Government Contractors practice group will keep you updated on future developments.

Please contact Gary Chamberlin or Kelley Stoppels if you have questions about this or any other EEO-1 Report or OFCCP issue.