Every company that has 100 or more employees knows that they have to submit the EEO-1 report to the EEOC (Equal Employment Opportunity Commission) detailing the make up of the company so that the EEOC can see if you are being non-discriminatory in your employment. Well NO LONGER! But don’t get excited, you still have to submit the report and even more information, just on a different date.
New data, new date
The EEOC has revised its proposed new rules for the EEO-1. They had proposed having employers including W-2 earnings for the 10 categories of employees on the report. That has not changed, but after a comment period, where employers’ groups make it clear what a hardship collecting that information at that time of year, they changed the dates. Now the form has to be submitted on March 31 beginning in 2018. (Are you ready Finance? W-2 data at the same time taxes have to be done.)
Looking for pay discrimination
Supposedly putting pay data is going to be able to help the EEOC root out pay discrimination. Many have their doubts. According to attorney Carmen Couden
Employers with 100 or more employees will still be required to report W-2 wages for 10 EEO-1 job classifications and according to 12 different pay bands. Additionally, employers will still be required to report on the number of hours worked by both exempt and nonexempt employees. Finally, the 10 EEO-1 job categories and the 12 proposed pay bands for reporting remain unchanged.
She expresses that the summary data collected is not likely to be helpful in actually identifying pay discrimination if and when it is occurring but tells us the EEOC Chair Jenny Yang intends to use this pay data to focus agency investigations of companies deemed to be discriminatory in their pay practices.
The data collected is based on a snapshot period which is now October 1 through December 31st. This is supposed to make it easier to collect the data than the original July through September snapshot period. Employers will be able to use year-end W-2 data, rather than mid-year data.
This new revision is subject to commenting until August 19th, but don’t hold your breath that is going to change a third time.
What to do
This year you need to go ahead and file your EEO-1 on September 30th as usual then the next time to file will be March 31, 2018 for your 2017 data. Get ready to collect that data!