After numerous delays and revisions the deadline for filing enhanced EEO-1 reports is now just three weeks away, due to be filed with the Equal Employment Opportunity Commission (“EEOC”) by September 30.  Component 1 Data should already have been filed…by May 31. The Component 1 data required affected employers to provide a list of employees organized by job category, race, ethnicity, and gender.

Component 2 data must be submitted by all employers and federal contractors with 100 or more employees.  Although federal contractors with 50 or more employees must file Component 1 data, it is not required for them to file Component 2 data.  In addition to the Component 1 data, the Component 2 filing must include employees’ hours worked (for both full and part-time employees) as well as pay information also broken down by gender, ethnicity, and race. Data is required for both 2017 and 2018 assuming the employer had the requisite number of employees in both years.  The data is to be provided for a snapshot period (one for each year) selected by the employer:  one pay period between October 1 and December 31 of the reporting year.  The business need not select the same snapshot period for each year.

To assist employers in gathering the data to be submitted through the online reporting portal, the EEOC has released a sample form which contains the relevant salary bands and job classifications.  It is expected that this data will give both employers and the EEOC a view of possible pay inequity across race, ethnicity, and gender.

If employers have questions about the applicability of the requirement to their business or about how to go about collecting and reporting the data, they should consult with legal counsel.