Revised EEO-1 and Summary Pay Data

Background

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) enforce federal prohibitions on employment discrimination based on race, sex, and national origin, among other bases. The EEOC enforces Title VII of the Civil Rights Act and the Equal Pay Act. The OFCCP enforces Executive Order 11246.
For many years, certain employers have reported data about their number of employees by EEO-1 job category, and then by sex and ethnicity or race, on the “Employer Information Report” or EEO-1. The EEOC and the OFCCP consolidate collection of EEO-1 data with a “Joint Reporting Committee.”
Beginning with the 2017 EEO-1, private employers and federal contractors with 100 or more employees also will report summary pay data on the EEO-1. Summary pay data for private employers will go to the EEOC. Summary pay data for federal contractors and subcontractors subject to Executive Order 11246 will go to OFCCP.

When Is the First Deadline for Submitting the New EEO-1 Report?

  • The EEO-1 report will be due for the first time with pay data on March 31, 2018, and the EEO-1 will be due every March 31 after that.
  • Employers will have 18 months between the 2016 and 2017 EEO-1 deadlines-from September 30, 2016, until March 31, 2018-to prepare for this change.

Preparing for the New EEO-1 Report

  • The EEOC is committed to working with businesses to ensure a successful transition to the new EEO-1 report.
  • To initiate the transition, the EEOC published the technical file specifications for the revised EEO-1 data on the same day as it announced the new report. https://www.eeoc.gov/employers/eeo1survey/2017survey.cfm.
  • The EEOC will send a notice to each EEO-1 employer describing the new EEO-1 filing requirements and deadlines.
  • Which Employers Will Report Summary Pay Data?
  • Private employers with 100 or more employees will report summary pay data.
  • Federal contractors and subcontractors with 50 – 99 employees will not report summary pay data, but they will tally employees by job category and then by sex and ethnicity or race, as they did before. Federal contractors and subcontractors with fewer than 50 employees will not file EEO-1 reports at all.
  • Employers with 1 – 99 employees that are not federal contractors or subcontractors will not file EEO-1 reports. This is a continuation of current practice.

For the EE0-1 Instruction Booklet, visit: https://www.eeoc.gov/employers/eeo1survey/2017survey-instructions.cfm.