Equal Employment Opportunity Commission Announces EEO-1 Form Stay

On August 29, 2017, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the effectiveness of the revised EEO-1 Form pay reporting requirements. The Equal Employment Opportunity Commission’s announcement of the OMB’s decision can be found here.

The revised EEO-1 Form, which had a previously set filing date of March 31, 2018, required employers with greater than 100 employees to submit information to the federal government not previously required by the EEO-1 Form. Most notably, the revised EEO-1 Form required employers to submit information on employee pay and hours worked. Employers were required to use a “snapshot” of this information from any pay period between October 1, 2017 and December 1, 2017. Many employers anticipated that collecting and reporting this additional information would require significant additional administrative efforts. The new information required by the revised EEO-1 Form was intended to provide the EEOC material for initiating investigations regarding discrimination based on race, ethnicity or gender.

With the immediate stay in place, employers are no longer required to provide the new information on employee pay and hours worked requested by the revised EEO-1 Form. Instead, employers should submit the earlier approved EEO-1 Form (the same form used in prior years by employers) which requires information including race, ethnicity, and gender by occupational category. The deadline for submitting the EEO-1 Form remains March 31, 2018.