EEO-1 Survey Portal Open

EEOC has opened the EEO-1 survey portal so that employers can file the annual EEO-1 report.  The EEO-1 report must be filed by most organizations that have 100 or more employees as well as federal contractors and first-tier subcontractors that have 50 or more employees.  The current EEO-1 report will include data from one of an employer’s payrolls from the fourth quarter of 2018.  EEOC has stated that employers will have until May 31, 2019 to file the current EEO-1 report.  (See https://www.eeoc.gov/employers/eeo1survey/statement-2018-opening.cfm.)

EEOC Required to Produce Timeline

In its latest statement regarding the current EEO-1 report, EEOC indicated that it is “working diligently on next steps in the wake of” a ruling from the U.S. District Court for the District of Columbia.  That ruling stated that the controversial compensation component of the EEO-1 survey that had been scheduled to go into effect in 2018 must be included in the current EEO-1 survey.  The District Court ruling lifted a stay that had been placed on the reporting of pay data by the Office of Management and Budget.

Following the release of EEOC’s statement regarding the opening of the EEO-1 portal, the plaintiffs in the EEO-1 lawsuit asked the District for a status conference regarding the order to include the pay data in the EEO-1 report.  On March 19, various sources including SHRM, The National Law Review, and Seyfarth Shaw reported that the District Court has given EEOC until April 3 to produce a timeline regarding the inclusion of the pay data component of the EEO-1 report.  The plaintiffs in the lawsuit will have an opportunity to respond to the timeline by April 8.