EEOC has released, for publication tomorrow, an update with changes to its proposed EEO-1 pay data collection report.  Once published in the federal register, the public will have 30 days to submit comments.  This update takes into consideration public comments received on the Agency’s initially proposed pay data collection tool.  As it did previously, Jackson Lewis expects to submit comments in response to the update.

Quick Take-Aways

• The revision proposes to change the EEO-1 filing deadline to March 31st of every year (instead of the current September 30th deadline) and proposes to change the workforce snapshot reported to a pay period between October 1st and December 31st of the reporting year (instead of the current July through September time period).
  • This change would take effect for EEO-1 filings in 2018.  Employers would be required to file the new pay data component along with the existing EEO-1 report by March 31, 2018, thereby giving employers a year and a half to comply with the new requirements.  No EEO-1 reports would be filed in 2017.  The reporting period for 2016, however, would remain unchanged – with reports being due by September 30, 2016
• The EEOC continues to propose to have employers report W-2 earnings as the “measure of pay” for the new pay data collection report.  Specifically, employers will use Box 1 of the Form W-2 to complete their EEO-1 filings.
• The EEOC likewise continues to propose that employers report “hours worked.”

Jackson Lewis has a dedicated team of experts as part of its Pay Equity Resource Group that will continue to evaluate the Agency’s proposed update and has provided additional insight and guidance.