New EEO-1 Report on Hold

On August 29, 2017, the EEOC reported that the Office of Management and Budget (OMB) is going to review the new, proposed EEO-1 form and, accordingly, the old EEO-1 form should be used for the 2017 year. While it is possible the new form, proposed in 2016, may replace the old form, the EEOC has stated its desire that the OMB’s review will lead to a more effective solution for gathering information to identify equal pay issues. In the interim, covered employers should file their EEO-1 Reports, using the old form, by March 31, 2018.

Government contractors and private employers with more than 100 employees, are required to file an annual EEO-1 Report with the Equal Employment Opportunity Commission (EEOC). On this form, employers must report numbers of employees by job category, race and sex. In the fall of 2016, the EEOC announced the creation of a new EEO-1 form for use in 2017. The new form would have required employers to list one of several “pay bands” into which their employees’ compensation fell, purportedly to help the EEOC identify potential wage discrimination and equal pay issues. Opponents of the new form claimed it would do little to help the EEOC with its stated purpose for obtaining the additional information, and imposed too great a burden on employers.

Any employers with questions about EEO-1 filing requirements, or employment law issues in general, should contact one of Larkin Hoffman's employment attorneys.