WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public hearing on Proposed EEO-1 Report amendments on Wednesday, November 20, beginning at 9:30 a.m. (Eastern Time), at agency headquarters, 131 M Street, N.E. Washington, D.C. The hearing will be open to public observation.
The proposed changes are described in the Commission’s September 12, 2019, Paperwork Reduction Act Notice, 84 Fed. Reg. 48138. In the Notice, the EEOC stated that it was planning to seek approval under the Paperwork Reduction Act to continue administering Component 1 of the EEO-1 survey, which the EEOC has sponsored for many years.
The EEOC also said that it is not planning to continue using the EEO-1 Report to collect Component 2 pay data information, which the Commission originally added to the EEO-1 in 2016.
The EEOC also said that it is not planning to continue using the EEO-1 Report to collect Component 2 pay data information, which the Commission originally added to the EEO-1 in 2016. The Commission will hear from the following panelists during the hearing:
- Lynn Clements, Director, Regulatory Affairs, Berkshire Associates
- Michael Eastman, Senior Vice President, Policy and Assistant General Counsel, Center for Workplace Compliance
- Jocelyn Frye, Senior Fellow, Center for American Progress
- Joshua Mitchell, Senior Economist, Welch Consulting
- Jessica Stender, Senior Counsel for Workplace Justice and Policy, Equal Rights Advocates
- Betsey Stevenson, Professor of Economics and Public Policy, The Gerald R. Ford School of Public Policy, University of Michigan
Employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they have 100 or more employees during the 2017 workforce snapshot period. Employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they have 100 or more employees during the 2018 workforce snapshot period. The workforce snapshot period is an employer-selected pay period between October 1 and December 31 of the reporting year. Federal contractors and other private employers with fewer than 100 employees are not required to report Component 2 compensation data.
Court Case Update
Latest Update: 10/30/2019 – As ordered by the court’s decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.), EEO-1 filers must submit Component 2 data for calendar year 2017, in addition to Component 2 data for calendar year 2018, by September 30, 2019. The EEOC has previously stated that, consistent with its current practice regarding Component 1 data, it will continue to collect Component 2 data for a six-week period after September 30, 2019, through November 11, 2019.
Most recently, however, on October 29, 2019, the court ordered the EEOC to “take all steps necessary to complete the EEO-1 Component 2 data collection for calendar years 2017 and 2018 by January 31, 2020.” Therefore, until further notice, the data collection will remain open past November 11, 2019. Employers who have not yet filed should do so as soon as possible.