The EEO-1 survey opened this week for reporting and is due on May 31, 2019. However, employers may want to wait until after April 3, 2019 to file, as additional data regarding employees’ pay could be required in this cycle’s reporting.

Earlier this month, a federal court reinstated a provision requiring employers to report wage information based upon employees’ sex, race and ethnicity. This requirement was previously suspended in 2017 by the Trump administration. The March reinstatement decision has been appealed; however, while the appeal is pending it is unclear what is required by employers for the current reporting cycle. The agency in charge of collecting the data, the Equal Employment Opportunity Commission, has until April 3, 2019 to clarify for employers if this pay data must be included in this cycle’s reporting. In the event that such data is required, the May 31st deadline would likely be extended.

An EEO-1 report is a federal survey private employers with 100 or more employees, or federal contractors with 50 or more employees and a federal contract in excess of $50,000, are required to complete annually that includes information regarding demographics and data on employees. The EEO-1 is utilized by government agencies to “support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries or regions.”