Race, Ethnicity & Gender Reporting Requirement to Remain in Effect

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the upcoming EEO-1 reporting form will not contain pay data collection information.

Upcoming EEO-1 Report
In July of 2016, the EEOC changed the EEO-1 reporting form requirements, so that private employers with 100 or more employees and certain federal contractors would have been required to report aggregate W-2 income by sex, race, ethnicity, and job group. On August 29, 2017, this change was halted by the U.S. Office of Management and Budget (OMB). Instead, employers should plan to comply with the March 2018 EEO-1 reporting deadline by using the previously approved EEO-1 form.

How to File an EEO-1 Report
The preferred and most efficient method of submitting EEO-1 data is through the EEO-1 Online Filing System or as an electronically transmitted data file. A sample EEO-1 report is available in PDF format.

The EEO-1 report is a compliance survey report mandated by federal law. It generally must be filed by:

  • Private employers with 100 or more employees (or fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees); and
  • Federal contractors (private employers) subject to Executive Order 11246 who have 50 or more employees and:
    • Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
    • Serve as a depository of government funds in any amount; or
    • Are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

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