EEOC intends to open the EEO-1 survey portal on March 18, 2019, so that employers can file the annual EEO-1 report. The EEO-1 report must be filed by mostorganizations that have 100 or more employees as well as federal contractors and first-tier subcontractors that have 50 or more employees. The report to be filed in 2019 will cover an employer’s payroll from the fourth quarter of 2018. Employers will have until May 31, 2019 to file the current EEO-1 report.

EEOC had expected to open the EEO-1 survey portal in January of 2019. However, the agency was affected by the partial shutdown of the government, and thus the opening of the portal was pushed back until March 18.

The opening of the EEO-1 portal may also be affected by a ruling from the U.S. District Court for the District of Columbia. That court ruled that the compensation component of the EEO-1 survey must be included in the current EEO-1 survey. This compensation component had been scheduled to go into effect in 2017 but was stayed when the Office of Management and Budget (OMB) determined there were issues that should prevent EEOC from going forward with the collection of pay data. The District Court order lifted the stay and ordered EEOC to move forward with the collection of pay data.

It is unclear whether EEOC will actually incorporate a compensation component in the current EEO-1 survey. OMB is likely to appeal the order lifting the stay. EEOC may also as for a delay in implementation of the court’s order because of the logistical issues associated with implementing the collection of pay data. However, EEOC is currently acting without a quorum since Congress has failed to confirm two nominees to the EEOC. If one of these nominees is confirmed, EEOC is likely to overturn its previous decision to collect pay data as part of the EEO-1 survey.

For more information on the current EEO-1 survey, see https://www.eeoc.gov/employers/eeo1survey/index.cfm.