The Equal Employment Opportunity Commission (EEOC) announced on Monday that the collection of EEO-1 “Component 2” data for years 2017 and 2018 is now complete. The term EEO-1 “Component 2” refers to pay data that some employers are obliged to file as part of their EEO-1 report.
Since 1996, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more (“covered employers”), have been required to file the EEO-1 Survey form every year by September 30. The form requires covered employers to report the race, ethnicity, and gender of employees in various job categories.
In 2016, the EEOC announced that it would also begin collecting information regarding the compensation and hours worked of employees, known as “Component 2” data, beginning in March of 2018. However, in 2017, employer groups banded together and successfully petitioned to have the Component 2 requirement struck down. Later that year, employee advocacy groups filed a lawsuit to reinstate the Component 2 requirement.
In April 2019, a district court in Washington D.C. ordered the EEOC to collect the Component 2 pay data for years 2017 and 2018. Employers were then required to submit Component 2 data to the EEOC by September 30, 2019. However, the EEOC has kept its online collection portal open past the original September 30, 2019 deadline, until now. For covered employers who are required to submit Component 2 data but have not yet done so, the EEOC’s submission portal will remain open until 2:00 p.m. local Pacific Standard Time on Friday, February 14, 2020.
The 2019 EEO-1 survey is not yet open, and the EEOC is actually working to discontinue collection of Component 2 data going forward. For now, Covered Employers will have to wait until the EEOC makes its announcement later this year.
COUNSEL TO MANAGEMENT:
Employers currently have no obligation to submit “Component 2” data (hours worked and compensation) for 2019 or any other year. However, the normal EEO-1 survey reporting requirements (race, ethnicity and gender) remain the same. If you are unsure whether your company is required to submit an EEO-1 this year, or if you have any other questions related to the EEO-1 submission process, contact the employment law experts at the Saqui Law Group, a division of Dowling Aaron, Incorporated.