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Expanded EEO-1 Data Reporting Requirements Have Been Suspended

Employers who have been concerned about complying with expanded EEO-1 data reporting requirements can breathe a sigh of relief. The White House Office of Management and Budget (“OMB”) recently announced that the new reporting requirements, which were to be included in reports due March 31, 2018, are being suspended.

The requirements in question were to apply to private employers with at least 100 employees, as well as covered federal contractors, to report on employees’ wages and hours worked — in addition to reporting the race, ethnicity, and gender of their employees (which demographic information has long been required). The Equal Employment Opportunity Commission (EEOC), upon announcing the new, now-suspended requirements back in September 2016, hailed the requirements as a “significant step forward in addressing discriminatory pay practices.” (EEOC Press Release, September 29, 2016).

The OMB, under the Trump administration, has a different view of the requirements. According to the OMB, the EEOC’s estimates of the burden the reporting would impose on employers did not account for all the relevant facts and were erroneous.

Since the OMB’s decision was announced, two Trump administration nominees to the EEOC have stated that they intend to propose new requirements for employee pay data collection in the future. Employers, stay tuned.

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