On March 4, 2019, a U.S. District Court ruled that the White House Office of Management and Budget’s (OMB) reasons for discontinuing the 2017 EEO-1 pay data requirement were speculative and insufficient. Because of the court’s order, employers subject to the EEO-1 survey requirement are now faced with the possibility they will need to gather additional compensation and hours-worked data for their EEO-1 report after all.

We have no guidance or direction at this time from the EEOC – so what should employers do?
Many legal experts suggest employers begin to gather wage and hours-worked data for the possibility it might be required in the 2018 report.

The U.S. Equal Employment Opportunity Commission (EEOC) EEO-1 Survey web page reflects that the 2018 EEO-1 survey will open March 18, 2019. Employers that want to get reacquainted with the pay data requirements originally required in the 2017 form, can look here at the old proposed form that was never used. An exhibit of the pay data section in the 2017 proposed form is also displayed below:

Possible Outcomes

The OMB may appeal, which could possibly relieve employers of the pay data requirement for 2018. It is also possible the Senate might confirm Janet Dhillon to be the new chair of the EEOC, which would allow for a vote and reversal of the decision to require the new pay data. We don’t have the answers right now but will watch for updates.

Please note that the information contained in this posting is designed to provide authoritative and accurate information, in regard to the subject matter covered. However, it is not provided as legal or tax advice and no representation is made as to the sufficiency for your specific company’s needs. This post should be reviewed by your legal counsel or tax consultant before use.