As mentioned in previous Holland & Knight alerts, employers are required, by Sept. 30, 2019, to produce to the U.S. Equal Employment Opportunity Commission (EEOC) what is referred to as EEO-1 Component 1 data, which lists employees by job category, race, ethnicity and sex. Employers are also required to provide EEO-1 Component 2 data from 2017 and 2018 payrolls, which asks for employees' hours worked and pay information from their W-2 forms, broken down into the same categories as listed above.

While Component 1 and 2 data is still due by Sept. 30, 2019, the EEOC has announced that in the future it will not require employers to produce EEO-1 Component 2 data. (EEO-1 Component 1 data will still be required.) The rationale behind the EEOC's decision is that the burden imposed on employers to gather the data outweighs the usefulness of the data for the agency. However, it should be stressed that EEO-1 Component 1 and 2 data is still due by Sept. 30, 2019.

Despite the EEOC's announcement, courts may try to intervene to compel the EEOC to gather the production of this information in the future. If this does occur, Holland & Knight will provide an update.

The EEOC is providing assistance with online filing of EEO-1 Component 2 data for employers.