Client Alert – New EEOC Data Req.

Employment Law Update

May 2019

On April 25, a U.S. District Court in Washington, D.C. ruled in National Women’s Law Center, et al., v. Office of Management and Budget, et al. that the Equal Employment Opportunity Commission (“EEOC”) must collect 2018 “Component 2” data (hours worked and pay information categorized by race, ethnicity, and sex) by September 30, 2019. The EEOC announced on May 2 that pay data from both 2017 and 2018 must be submitted by applicable employers by the September 30 deadline.

On May 3, the Department of Justice filed a Notice of Appeal in the National Women’s Law Center case. The filing of this Notice of Appeal, however, does not alter any obligation of applicable employers to submit Component 2 data in their annual EEO-1 report.

The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July. Employers should begin compiling Component 2 data as soon as they are able in order to be prepared to submit the requisite Component 2 data to the EEOC by September 30.

Traditionally, the EEO-1 survey consisted of collecting “Component 1” data – company employment data categorized by race/ethnicity, gender and job category. The EEO-1 portal is currently open for submission of Component 1 data for 2018. The EEOC previously moved the deadline for submission of the 2018 Component 1 data from March 31, 2019 to May 31, 2019 due to the government shutdown.

All employers that have at least 100 employees are required to file the EEO-1 survey annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must also file the EEO-1.

If you have any questions regarding the EEO-1 form requirements, please do not hesitate to contact Bryan Niemeyer, Certified Labor and Employment Law Specialist, Faulkner, Garmhausen, Keister & Shenk, A Legal Professional Association, at 93-492-1271 or




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