Private employers with 100 or more employees and federal contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports.

These reports were traditionally filed in September each year. However, in 2016 the EEOC announced a new EEO-1 report. The new report would have required employers to report pay-data. The pay-data collection rules pushed the September deadline to March so that employers had more time to comply with the new rules.

In a huge relief for employers, the Office of Management and Budget (just before the deadline!) stayed the effective date of the pay-data collection provisions of the revised EEO-1 Form. Now, employers simply need to complete the demographic information they have traditionally filed. That information is due on March 31.

It’s no surprise this has caused some confusion. Below is additional information provided by the EEOC to help employers comply this year:

Are employers required to file an EEO-1 report in September 2017 and in March 2018?

No. The 2017 EEO-1 report must be submitted and certified by March 31, 2018.

Does the 2017 EEO-1 report require employers to use a workforce snapshot period?

Yes. The employment data used for the 2017 EEO-1 report should be collected using a payroll period in October, November, or December 2017, the fourth quarter of calendar year 2017. This payroll period is the 2017 “workforce snapshot period.”

With whom will employers file the EEO-1 report and data?

Employers will continue to file the EEO-1 report with the Joint Reporting Committee comprised of the EEOC and the OFCCP.

How will the EEO-1 report be filed?

Consistent with current reporting practices, employers will submit EEO-1 reports securely via the EEO-1 Online Filing System on the EEOC’s website or will utilize this portal to electronically transmit a data file containing the EEO-1 data.