EEOC Revises Proposed EEO-1 Reporting Rules

In February (2016) the EEOC issued new proposed guidelines regarding EEO-1 reporting.  The new guidelines, as proposed, would require employers with 100 or more employees to report pay data for employees, in addition to the other classification data they already report on the EEO-1.  The obvious goal being to encourage larger companies to recognize and change their pay practices when there is a statistical indication of a gender pay gap. The new reporting requirements were set to begin in September 2017.

After receiving comments, the EEOC has changed its mind.  The changes are helpful for employers, particularly being able to use W-2 reported wage data, but they will not unload the core new requirement of disclosing pay data that employers are most likely to loathe to report.  Here is a rendition of the changes just announced this week:

• The new EEO-1 reporting deadline will be March 31, 2018. Employers will not need to report by September 30, 2017 for 2017.

• Employers will be able to more simply use wage data from W-2s when reporting 2017 forward (beginning by March 31, 2018)

These new proposals will mean a new comment period as the proposed regulations have been issued anew to incorporate these changes.  Employers now have until August 15, 2016 in which to submit comments regarding these proposed regulations.  You may review the regulations and submit comments here.

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