Filing EEO-1 Reports this Year – “Have We Landed Yet?”

Miller & Martin PLLC Alerts | April 29, 2019

After several months of leaving employers in limbo as to WHEN and HOW to file their EEO-1 reports this year, we BELIEVE we finally have a definitive answer to these questions.

WHEN:  By September 30, 2019
HOW:  By using the new EEO-1 form available on the EEOC’s website – eeoc.gov.

The new form includes the new aggregate workforce pay data which was added during the Obama Administration but that the Office of Management and Budget (OMB) had sought (and obtained) a stay or hold on under the Trump Administration last year.

The U.S. District Court for the District of Columbia vacated the OMB’s stay/hold on the new form, however, by saying that the OMB did not have the proper justification to stay the form's implementation, and thereby restored employers’ required use of the new form which involves reporting aggregate employee pay data. This occurred back on March 4, 2019, which put employers in a panic, as the EEO-1 form submission deadline usually is March 31 of each year. The D.C. court attempted to relieve this panic somewhat by giving employers until May 31 to submit the reports this year in its original ruling, but last week the court put this deadline off until September 30 in order to give employers a more realistic amount of time to gather the information which will be needed to provide the new aggregate pay data.

By way of reminder:

EEO-1 reports must be filed each year by all private employers who are:

A. Subject to:

  1. Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING state and local governments, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes and tax-exempt private membership clubs other than labor organizations;

    OR

  2. Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.

B. All federal contractors (private employers), who have 50 or more employees, and

a. are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. serve as a depository of Government funds in any amount, or
c. a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes.

Covered employers are only required to submit reports covering those establishments located in the District of Columbia and the 50 states. No reports should be filed for establishments in Puerto Rico, the Virgin Islands, other American Protectorates or outside the United States.

As always, please contact Stacie Caraway or any other member of our Labor & Employment Law Practice Group if you have further questions regarding this alert. 

 

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