Publication

16 January 2018

Two Minute Legal Update: Time to File 2017 EEO-1 Report

Happy New Year 2018 and welcome to another Two Minute Update. Last year we told you about the “on again – off again” changes to the EEO-1 Reporting Form. In August 2017, the Federal Office of Management and Budget halted the changes.

According to OMB, EEOC’s proposed EEO-1 data collection program:

  • lacked practical utility,
  • was unnecessarily burdensome, and
  • failed to address employer concerns about security of pay data and privacy issues.

In other words, the additional pay and hours worked data was intended to uncover evidence of gender and racial pay disparity, but it wouldn’t have enough detail to actually show pay discrimination.

Simply put, administrative burden on employers outweighed any claimed enhancement to finding pay discrimination.

Although the proposed new reporting form was scrapped, the EEOC directed covered employers to submit the long-used EEO-1 form for 2017 no later than March 31, 2018. This was the deadline originally proposed for the revised program.

The workforce “snapshot” for the 2017 EEO-1 report should be selected from a payroll period in October, November or December – the fourth quarter of 2017.

According to the EEOC, all employers that filed EEO-1 data in the last survey cycle will receive a Notification Letter by January 29 indicating that the 2017 EEO-1 Survey is open with filing instructions.  You may log in using the Company number contained in the notification letter and your EEO-1 contact’s email address. Information about the 2017 EEO-1 Survey Opening is posted at www.eeoc.gov/eeo1survey. This webpage is a great resource about the EEO-1 report.

Contact us with any questions about EEO-1 reports and stay tuned for our next TMU where we’ll update you on recent happenings for federal contractors.