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EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details regarding employee counts and demographics for every company location. In this article, we will explain why all employers should be careful to correctly answer the EEO-1 questions relating to federal contractor status, discuss how all employers should prepare for required compensation reporting beginning in 2018, and advise federal contractors how to prepare their EEO-1 reports so as to avoid future audit headaches.

EEO-1 Reports Are Due September 30, Changes Coming Next Year

The September 30, 2016, due date for employers to file their annual EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) is fast approaching. Although it is business as usual this year, changes in the information required to be reported and the due date of the report are likely starting with 2017 reports.

Title VII’s pre-requisite that employee meet employer’s legitimate expectations may not be set in stone.

In an unpublished decision, one federal appellate court has penned an opinion that goes to the heart of how discrimination cases are analyzed under Title VII by re-interpreting the prima facie case requirements set by the U.S. Supreme Court in the McDonnell Douglas Corp. v. Green case in 1973.

Mandatory Federal Poster Updates Take Effect Today

Employers must comply with two mandatory federal poster changes, effective today. The US Department of Labor (DOL) has updated its Fair Labor Standards Act (FLSA) poster and the Employee Polygraph Protection Act (EPPA) poster.

EEOC Announces New Process for 2016 EEO-1 Data File Uploads

The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee (JRC) notified companies that all reporting for the EEO-1 reports will now be done electronically. In previous years, companies that did not manually upload data on the EEO-1 site had to email the data file to a member of the JRC and wait for confirmation that the data file had been uploaded. Now, companies can upload data files directly to the production database according to the specifications to the JRC’s database and be informed immediately of acceptance or errors regarding the data submission.

EEOC Publishes Revised EEO-1 Pay Data Rule

Executive Summary: The Equal Employment Opportunity Commission (EEOC) has published a revised proposed rule to collect summary pay data from employers that file EEO-1 reports. The EEOC originally published a proposed rule to collect pay data in February 2016. The revised rule permits employers to use the same W-2 report to complete the EEO-1 that they use for tax purposes. It also changes the EEO-1 filing deadline to March 31 starting with the first filing in 2018. This change was designed to coordinate with the existing W-2 calendar year.

EEOC Announces Revisions for EEO-1 Proposal to Collect Pay and Hours Data

On July 13, 2016, the Equal Employment Opportunity Commission (EEOC) announced revisions to the agency’s February 2016 proposal to revise the current Employer Information Report (EEO-1) to add a new Component 2. The current EEO-1 form, which requires covered employers to report on the gender, race, and ethnicity of its employees, will be designated as Component 1 (demographic data). Under the revised proposal, Component 2 will have two sections and will require covered employers to report aggregate W-2 wages and hours worked in 12 pay bands for each of the 10 EEO-1 job categories and 14 gender, race, and ethnicity categories on the current form. The revised rule provides for a 30-day comment period to address the proposed revisions. The comment period ends on August 15, 2016. The EEOC is also submitting the revised proposal to U.S. Office of Management and Budget (OMB) for review and approval.

EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal

The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the Court’s 7-1 decision was unsurprising and does not change the substantive law of constructive discharge, it provides employers and employees alike with the benefit of a clear rule for assessing the timeliness of charges alleging constructive discharge.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory act that prompts the resignation, resolving a circuit split.