As we informed you last month, a federal judge reinstated the expanded EEO-1 reporting requirements. This decision would require employers who have 100 or more employees and most federal contractors with 50 or more employees to report pay data – in addition to race, ethnicity, and sex – in their annual EEO-1 Report. But when would this requirement go into effect?

The EEO-1 reporting period opened on March 18, 2019. The deadline for submission of data was set for May 31, 2019. At that time the EEOC only requested employers provide data on the number of employees in their workforce by job category, race, sex, and ethnicity.

On April 3, 2019 (the deadline set by the federal judge) the EEOC submitted court documents stating that it could complete pay data collection by September 30, 2019. This deadline was contingent upon the use of a third party contractor. This proposal has yet to be accepted by the judge.

Workers’ advocacy groups have asked the federal judge to order the EEOC to collect pay data – sorted by race, ethnicity, and sex – by the May 31 deadline that they have to submit all other EEO-1 information.

A hearing is scheduled for April 16, 2019 to discuss the pay data reporting deadline.

What should employers do in the interim? Covered employers – businesses with 100 or more employees and federal contractors with 50 or more employees and a contract of $50,000 or more with the federal government – must submit Component 1 data by May 31, 2019. Component 1 includes the number of employees by job category, race, sex, and ethnicity.

Component 2 data, which includes hours worked and pay data by race, ethnicity, and sex , is the subject of the April 16th hearing. However, it is likely that this data will not need to be submitted until September 30th, the deadline proposed by the EEOC.

We will continue to monitor the latest developments and update Nevada employers accordingly. To make sure you stay informed, join our mailing list.