Attention Employers: Reinstatement of Revised EEO-1 Pay Data (EEO-2)

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Liz Strikwerda

Content strategist and corporate blogger (2000+ posts). Her work has been featured on G2's Learning Hub, Human Resources Today, Better Buys and over 500 business websites. She plays bluegrass mandolin and enjoys sailing her catamaran and hiking in the red rock wilderness of southern Utah. Connect with me on LinkedIn

Hiring and Applicant Tracking

Don’t Miss The 2019 EEO Reporting Deadlines!

In March 2019, a federal judge reinstated the requirement for employers to provide pay data in their EEO report.

Start Today To Gather Component 2, It Takes Longer Than You Think

Pay data for your EEO report is due by September 30, 2019 (for 2017 and 2018).

Does This Reinstatement Affect 2018 EEO-1?

No. The deadline for EEO-1 2018 data is still May 31, 2019.

What Is EEO-1?

The Equal Employment Opportunity (EEO-1) Report is a mandatory Equal Employment Opportunity Commission (EEOC) compliance survey. Component 1 requires hiring data categorized by the following:

  • Race/ethnicity
  • Gender
  • Job category

What Is EEO-2?

EEO Component 2 (EEO-2) is pay data: hours worked and wage paid.

Do I File 2018 EEO-1 In The Same Online Portal?

Yes. Use the currently open EEO-1 portal to submit Component 1 data (for 2018) by May 31, 2019.

I Thought EEO-2 (Pay Data) Was Put On Hold

It was, but now it’s back on. There was temporary stay on the previous administration’s proposal. The stay was overturned in March 2019.

Judge Tanya Chutkan overturned the stay in National Women’s Law Center, v. Office of Management and Budget.

Background On The Original Proposal For Pay Data

In 2016, the Obama administration proposed adding employee pay and hours data to the EEO-1 report. Many business owners registered concerns about data security and other issues. The agency and employer groups have had ongoing discussions about security protocols and the use of private contractors to accept, process, and secure the submissions.

Can I Submit EEO-2 Now?

No. The EEOC contractor is not accepting submissions yet. The portal is supposed to be ready for Component 2 on July 15, 2019. The EEOC says it will notify employers if that date changes.

Wasn’t The Recent EEO-1 Reinstatement Decision Appealed?

Yes, the Department of Justice (DOJ) appealed the reinstatement.

But The Appeal Doesn’t Change The EEO-2 Deadline

The appeal doesn’t change the Component 2 deadline: 2017 and 2018 pay data is due September 30, 2019.

What Size Companies Have To File The EEO Report?

If you have 100 or more employees or are owned by an entity with 100+ employees, you are required to file it. If you are a government contractor with 50+ employees, you are required to file it.

State and local government, public schools and universities are generally excluded.

Use The Same Online Portal For EEO-1 Reports Due May 31, 2019

Filers should continue to use the current EEO-1 portal to turn in their EEO-1 2018 report May 31, 2019.

Check Your Notification Letter For A Temporary Password

The EEOC sent notification letters with a temporary password for EEO-1 submissions for 2018. You should have received your letter before March 18, 2019.

Use the temporary password to reset your password when you access the EEO portal.

Who Is In Charge Of This At The EEOC?

Rashida Dorsey, Ph.D., MPH (Director, Data Development and Information Products Division)

  • Equal Employment Opportunity Commission
  • 131 M Street NE, Room 4SW32L
  • Washington, DC 20507
  • (202) 663-4355 (voice) (202) 663-7063 (TTY)

In summary:

  • EEO-1 (For 2018) is due May 31, 2019
  • EEO-2 (For 2017 and 2018) is September 31, 2019

What Is The Best Way To Track Wage And Hour Data?

An automated employee timekeeping system synced to a biometric time clock.

What Is The Best Way To Track Demographic Data?

An HR portal supported by a workforce management (WFM) provider. Unified HR portals track demographic data for legal hiring and employment. The systems include onboarding and ongoing HR management. As explained previously, the software providers maintain data security.

When considering the Software as a Service (SaaS) products listed below, inquire about their data security protocols:

SwipeClock provides:

We Keep Your Data Safe

SwipeClock maintains rigorous data security, encryption, and system back-up protocols.

 

What Is The U.S. Equal Employment Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. It is illegal to discriminate against a job candidate or employee because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

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