On August 29, 2017, the U.S. Office of Management and Budget (“OMB”) informed the Equal Employment Opportunity Commission (“EEOC)” that it is implementing an immediate stay and initiating a review of the effectiveness of the pay data collection aspects of the EEOC’s revised Equal Employer Information Report (“EEO-1 Report”).

The revised EEO-1 Reports would have required federal contractors and other large employers with more than 100 workers to provide aggregate data on pay ranges and hours worked in addition to already existing requirements to provide information on employee race, ethnicity, and sex by job category. For further information on the now-stayed EEO-1 Reports, see our alerts: http://www.putneylaw.com/cu_071316b.html and http://www.putneylaw.com/cu_012916.html.

Takeaways For Employers With EEO-1 Reporting Obligations

  • OMB’s decision does not suspend the requirement that covered employers file EEO-1 Reports which include their employees’ race, ethnicity, and sex by job category by March 31, 2018.
  • For EEO-1 reports due by March 31, 2018, employers must use employment data from any pay period between October 1 and December 31, 2017, instead of the prior window of July 1 through September 30, 2017.
  • Employers should consider suspending plans to collect pay and hours worked data by race, ethnicity, and sex, but should continue to monitor for updates with respect to OMB’s review.

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If you have any questions, please do not hesitate to contact us. We will apprise you of any developments from the OMB’s review.
212-682-0020 | PutneyLaw.com.