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EEO-1 Survey Portal Now Open, EEOC Required to Produce Timeline on Pay Component

by | March 28, 2019

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.