Update on EEO-1 Pay Data Requirements

by: Allison L. Davis

Last week, a federal judge issued a ruling reinstating the EEOC’s 2016 rule requiring employers to submit additional pay data in their EEO-1 reports. Since 2017, the ruling has been on hold pursuant to a stay issued by the Office of Management and Budget (OMB). However, the federal judge’s ruling effectively lifts the stay, implementing the pay data requirements.

Under the 2016 rule, employers with 100 or more employees (and federal contractors with more than 50 employees) are required to categorize employees by gender, race, and type of work and place them within one of 12 defined pay ranges. The problem with the immediate implementation of these requirements is that the EEO-1 filing deadline for employers is May 31.

There has been much talk about an anticipated appeal from the judge’s ruling and speculation on whether the EEOC might extend the deadline to file. There has even been speculation that the EEOC is not prepared to receive the newly-required pay data. But right now, it is unclear whether employers will be required to comply with the new requirements by May 31. We wanted to provide this update and will be following the ruling to ensure we are prepared to help you meet the applicable deadline.

Allison L. Davis, J.D. is a member of Brown & Fortunato’s Labor and Employment law team, where she is a shareholder. She represents clients in a wide range of employment litigation, pre-litigation, and counseling matters, including employment discrimination, non-competition disputes, wage and hour issues, and business disputes. The Employment Law team at Brown & Fortunato can be reached at 806-345-6300. Or contact Allison directly at adavis@bf-law.com.