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Update - No More EEO-1 Pay Data Reporting

February 13, 2020

As discussed in our previous client alerts (available here and here), businesses that file EEO-1 reports were required to include 2017 and 2018 pay data, broken down by gender and race, by September 30, 2019, which was later extended to January 31, 2020.  Employers no longer need to provide this pay data.

The pay data reporting requirement has a tortured history.  Prior to 2019, such employers were only required to disclose the number of employees by job category, race, sex, and ethnicity on an annual basis.  To aid in the investigation of pay discrimination practices, the Equal Employment Opportunity Commission (“EEOC”) required employers to include gender and race pay in their 2018 EEO-1 Reports.  The White House stayed the implementation of the revised reporting requirements before they went into effect, however.  In April 2019, a U.S. District Court lifted the stay and required the EEOC to collect pay data from calendar years 2017 and 2018.  The EEOC began collecting pay data in July 2019.

On February 10, 2020, after the EEOC had collected data from 89% of eligible employers, the Court ordered that the EEOC’s collection of race and gender pay data end.  The Court’s order is unlikely to be appealed because both parties agreed that the percentage collected satisfied the government’s obligation to collect pay data from 2017 and 2018.

For employers, EEO-1 reporting is back to business as usual.  The report will continue to include data on race, gender, and ethnicity by occupational category, but no pay data need be reported.  If you have any questions concerning reporting requirements, please contact one of Honigman’s Labor and Employment attorneys.