On August 29th, the White House Office of Management and Budget (OMB) announced an immediate stay of the effective date of the pay data collection provisions of the revised EEO-1 form. The revised form was set to go into effect March 31, 2018. OMB noted a concern that some aspects of the revised collection of information lacked practical utility, were unnecessarily burdensome, and did not adequately address privacy and confidentiality issues.

The EEO-1 form, which was revised on September 29, 2016, would have required employers with 100 or more employees and federal contractors with 50 or more employees to report W-2 wage information and total hours worked for all employees by race, ethnicity, and sex within twelve proposed pay bands. With the announced stay on the pay data collection provisions, employers will not need to report on wages or hours worked. Employers will still need to report on race, ethnicity, and gender by occupational category. Those obligations are not affected by this stay.

Employers should still plan to observe the new filing deadline despite the stay. When the expanded pay data reporting requirements were announced, the EEO-1 filing deadline of September 30, 2017, was moved to March 31, 2018 (with subsequent reports due each March 31st). The Equal Employment Opportunity Commission (EEOC) has indicated it will leave the reporting deadline in place.

Victoria Lipnic, Acting Chair for the EEOC, stated that she hopes “this decision will prompt a discussion of other more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap.”

Stay tuned for further developments.

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