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The Equal Application Opportunity Commission (EEOC) has appear that administering charge abode pay data, burst bottomward by race, sex and ethnicity, from 2017 and 2018 payrolls. The pay abstracts letters are due Sept. 30. 



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Employers had been cat-and-mouse to apprentice what pay abstracts they would charge to file—if any at all—as action on the bulk ensued. A federal adjudicator initially ordered the EEOC to aggregate agent pay abstracts for 2018. The National Women’s Law Center (NWLC) and added plaintiffs wanted the EEOC to aggregate two years of data, as the bureau was declared to beneath a new regulation before the government apoplectic the accumulating in 2017.

Judge Tanya Chutkan of the U.S. District Cloister for the District of Columbia sided with the plaintiffs and gave the EEOC the advantage of accession 2017 pay abstracts forth with the 2018 advice by the Sept. 30 borderline or accession 2019 pay abstracts during the 2020 advertisement period. The EEOC autonomous to aggregate the 2017 data.



The bureau said it could accomplish the accumulating aperture accessible to administering by mid-July and would accommodate advice and training to administering above-mentioned to that date.

Immediate Steps 



“We are apprehension acceptance from the EEOC or the architect it is hiring to facilitate the pay-data accumulating on how to lay out the abstracts book for a accumulation upload,” said Alissa Horvitz, an advocate with Roffman Horvitz in McLean, Va.

But administering should booty some accomplish immediately. “Given that this is the aboriginal time this abstracts is actuality aggregate and abounding [human ability advice systems] may not calmly aftermath such a report, I acclaim administering get started now,” said Koray Bulut, an advocate with Goodwin in San Francisco.

Employers should ability out to their subject-matter and abstruse experts and cull calm assets to ensure that the adapted abstracts apparatus can be captured, analyzed and appear by Sept. 30, said Annette Tyman, an advocate with Seyfarth Shaw in Chicago.

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Filing the added letters will appoint hasty burdens for HR, IT and acknowledged departments, as able-bodied as third-party consultants, she noted. “It is cryptic whether any added action options will appulse the Sept. 30 deadline, and we are instructing administering to accept they charge comply.”  

Employers should accumulate in apperception that they still charge abide their 2018 abstracts for Component 1 of the EEO-1 anatomy by May 31, unless they appeal an extension. Note that the EEOC recently shortened the extension period for administering to abode Component 1 data from 30 canicule to two weeks. So the addendum borderline is now June 14.

Component 1 asks for the cardinal of advisers who work for the business by job category, race, ethnicity and sex. Component 2 data—which includes hours formed and pay advice from employees’ W-2 forms by race, ethnicity and sex—is the accountable of the acknowledged dispute.

EEO-1 Survey Submission Timeline for 2019

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Businesses with at atomic 100 advisers and federal contractors with at atomic 50 advisers and a arrangement with the federal government of $50,000 or added charge book the EEO-1 form. The EEOC uses advice about the cardinal of women and minorities companies apply to abutment civilian rights administering and assay application patterns, according to the agency.

The revised EEO-1 anatomy will crave administering to abode allowance advice from Box 1 of the W-2 anatomy and absolute hours formed for all advisers by race, ethnicity and sex aural 12 proposed pay bands.

[SHRM members-only HR Q&A: What are the filing requirements for the EEO-1 form?]

The appear hours formed should appearance absolute hours formed by nonexempt employees and an estimated 20 hours per anniversary for part-time absolved advisers and 40 hours per anniversary for full-time absolved employees.

“Filling out the added abstracts in the EEO-1 anatomy will present a ample bulk of work, abnormally as there’s abundant abeyant for animal absurdity back clearing the decidedly broadcast form,” said Arthur Tacchino, J.D., arch addition administrator at SyncStream Solutions, which provides abode acquiescence solutions.

For abounding employers, the Component 2 data may be in the aegis of-party vendors that handle amount and timekeeping, Bulut noted.

Employers should conduct an antecedent appraisal of their systems, said Camille Olson, an advocate with Seyfarth Shaw in Chicago. Identify the systems that abode the accordant demographic, pay and hours-worked abstracts and actuate how to cull the advice together, she said.

Pulling EEO-1 abstracts is abundant simpler for Component 1, she noted, because it alone involves advertisement the employer’s headcount by chase ethnicity and sex—whereas accession pay advice involves added abstracts points. Additionally, administering may use altered bell-ringer systems at altered locations, some advisers may accept alone formed for allotment of the year, and added advisers may accept been reclassified to absolved or nonexempt.   

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“Employers may appetite to analyze with their accepted vendors—payroll or otherwise—or attending for alfresco vendors that may be able to abetment them with this advertisement requirement,” Tacchino said.

Under some circumstances, administering may be able to seek an absolution (at the EEOC’s discretion) if filing the advice would account an disproportionate burden. “Mega employers” may not be able to appearance an disproportionate burden, but this could be an advantage for abate businesses, said Jim Paretti, an advocate with Littler in Washington, D.C. But that will depend on how the parties adjudge to move forward.

This is an accomplished time for administering to assignment with legal counsel on a pay disinterestedness analysis, Bulut said. “This will acquiesce employers to evaluate whether any allowance differences are explainable by legitimate, abstract affidavit and accomplish any adapted adjustments to agent pay afore the abode is due.”

The Cloister Battle

The EEO-1 anatomy was revised during President Barack Obama’s administering to add the Component 2 data, but the pay-data accoutrement were suspended in 2017 by President Donald Trump’s administration. The NWLC challenged the Trump administration’s authority on the pay-data accumulating provisions, and on March 4, Chutkan aerial the stay—meaning the federal government needed to alpha accession the information. 

On March 18, however, the EEOC opened the aperture for administering to abide EEO-1 letters after including the pay-data questions. Chutkan subsequently told the government to appear up with a plan.

The EEOC proposed the Sept. 30 deadline for administering to abide Component 2 data, claiming that the bureau bare added time to abode the associated accumulating challenges. Furthermore, the EEOC’s arch abstracts administrator warned that hasty the abstracts accumulating may crop poor affection data. Even with the added time, the bureau said it would charge to absorb added than $3 actor to appoint a architect to accommodate the adapted procedures and systems.

Robin Thurston, an advocate with Democracy Advanced and admonition for the plaintiffs, said at an April 16 audition that the plaintiffs don’t appetite the bureau to accommodation quality. But they additionally capital “sufficient assurances” that the EEOC will aggregate the abstracts by Sept. 30.

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On April 25, Chutkan ordered the government to accommodate the cloister and the plaintiffs with alternate updates on the EEOC’s advance and to abide accumulating efforts until a assertive beginning of employer responses has been received.

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