• On August 29, 2017, the Office of Information and Regulatory Affairs within the Office of Management and Budget released a memorandum, staying the Obama Administration’s proposed changes to the EEO-1 report. This comes as welcome news for employers and employer associations, such as the U.S. Chamber of Commerce, which strongly opposed the new reporting obligations due to the burden associated with the new requirements and the lack of utility to the compensation data, if reported on the basis the agencies would have required.
  • The revised EEO-1 form would have required, for the first time, private employers with 100 or more employees to report W-2 compensation data and hours worked data by sex, race, and ethnicity within 12 specified pay bands.
  • As a result of the stay, employers should continue to use the long-standing form and report demographic data relating to its workforce, by EEO-1 category.
  • Victoria Lipnic, the Chair of the EEOC, has confirmed that the change in the deadline for submission of the EEO-1 report – from September 30 to March 31 – remains in place, so employers must submit their next EEO-1 report by March 31, 2018.