On August 29th, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the Equal Employment Opportunity Commission (EEOC), stating that recent changes to the EEO-1 form were on an immediate hold pending review by the OIRA. The changes the OIRA put on hold were changes implemented to the EEO-1 form on September 29, 2016, under the former administration.
Specifically, the 2016 changes required employers who have to submit an EEO-1 form (employers with 100 or more employees or federal contractors with more than 50 employees) to report pay data as broken down by race, ethnicity, and gender. The deadline to file the EEO-1 was also moved to March 31, 2018, with March 31 being the submission deadline for all subsequent years.
The EEOC began requiring eligible companies to submit an EEO-1 form in 1966, under the authority of Title VII. The form requires employers to report the employment status of men and women and different racial/ethnic categories within the company. The data has been used by the EEOC to identify patterns of employment discrimination.
The OIRA memo outlined several issues with the 2016 changes, including that the changes were made without a notice and comment opportunity for the public and that the EEOC’s estimate of the cost and man-hours to comply with the new rule was inaccurate and low.
While the pay data reporting requirements are under review by the OIRA, the new deadline remains in effect. That means that employers still have until March 31, 2018 to submit their EEO-1 form. To be complaint, employers should fill out the new EEO-1 form, but just leave the pay component part blank.