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EEOC Portal Opens for EEO-1 Filings With No Word on Employee Compensation

On March 18, 2019, the EEO-1 filing portal opened, allowing employers with 100 or more employees and covered federal contractors with 50 or more employees to begin filing EEO-1 reports. This is consistent with the schedule set by the Equal Employment Opportunity Commission (EEOC) following the partial government shutdown in early 2019, which resulted in a postponement of the EEO-1 filing from March 31, 2019 until May 31, 2019.

EEOC Opens Portal for 2018 EEO-1 Reporting and Must Provide Guidance on Pay Data Reporting by April 3

The U.S. District Court hearing the EEO-1 pay data reporting case has ordered EEOC to inform employers by April 3, 2019, whether they will be required to provide pay and hours worked data for the 2018 EEO-1 reporting cycle. The current deadline for 2018 EEO-1 reporting is May 31, 2019.

UPDATE: EEOC Has Until April 3 to Advise About Pay Data Reporting

In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th and runs through May 31 – at least currently.

The Pendulum Keeps Swinging -- EEO-1 Pay Data Update

The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required. The current deadline to file 2018 EEO-1 reports is May 31, 2019.

Employers Get A Pay Data Reporting Reprieve – But For How Long?

Despite a recent court ruling resurrecting the requirement that employers turn over compensation information along with standard demographic figures, the EEOC this morning unveiled its 2019 EEO-1 reporting system that fails to include any request for such pay data. It appears as though employers will not have to provide information about their employees’ 2018 compensation for the time being – although you should still be prepared for this to change at a moment’s notice, and should begin preparing for such pay disclosures in the near future.

Avoiding Workplace Discrimination in the Wake of Mass Violence

The morning after any kind of mass violence playing on loop on every media outlet poses unique challenges to employers and managers. Not only can workplace conversations turn uncomfortable and potentially inappropriate, but trauma that is not adequately addressed can have a direct impact on workplace productivity. How can an employer respond to emotional discussions while being sensitive to employees whose racial, religious, sexual, or ethnic identity was a focus of the underlying attacks and is a subject of media attention?

EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records systems, clarify the meaning and significance of a “no cause” determination, and delegate the issuance of dismissals to lower-level EEOC employees. This NPRM triggered a 60-day public review and comment period. If the proposed rule becomes final, it could result in increased charge activity and subsequent litigation.

EEOC's Revised Pay Data Reporting Requirements Reinstated by Federal Judge

Executive Summary: On March 4, 2019, the U.S. District Court for the District of Columbia ruled to reinstate Obama-era revisions to the pay data reporting requirements established by the Equal Employment Opportunity Commission (EEOC), which effectively expand employers’ EEO-1 reporting requirements and obligate them to submit detailed employee pay data annually to the EEOC. This ruling will have important consequences for employers, and has raised understandable uncertainty and concern among the business community.

EEO-1 Pay Data Rule Back in Effect, Stay Lifted

On March 4, 2019, Judge Tanya Chutkan of the U.S. District Court, District of Columbia, ruled that the White House Office of Management and Budget (OMB) must lift a stay it imposed in August 2017, which prevented a new rule from going into effect requiring employers to report additional information regarding employee pay data. Specifically, the court vacated the OMB’s stay of the implementation of the Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report EEO-1 (EEO-1) form.

Judge Reinstates EEO-1 Wage Data Reporting Requirement

On March 4, 2019, a federal court reinstated an Obama-administration rule requiring that private employers with 100 or more employees submit information on their workers’ wages and hours, broken down by race, sex, and ethnicity, to the U.S. Equal Employment Opportunity Commission.