Significant challenges remain for EEOC to collect data but contractors need to prepare
Breaking news for April 25, 2019
On April 25, 2019, U.S. District Judge Tanya Chutkan accepted the EEOC’s proposal to make employers submit their 2018 pay data by September 30, 2019. The reports will be submitted as Component 2 of the EEO-1 form. Not only will employers be submitting their W2 wages from 2018, but the judge has also required a second year of data to include either 2017 data or 2019 data to be submitted in 2020. The EEOC has until May 3rd to inform the court as to their intentions.
EEOC stated previously that they did not have the infrastructure to accept data at this time but could employ a 3rd party contractor to do so on their behalf. EEOC has not published details regarding the mechanism in which employers will upload the files. Nor have they declared if Component 1 and 2 will be submitted separately in the future or merge into a single submission date. However, it is known that W2 box one wages and hours worked will be needed to complete the two forms assuming they don’t change from the original proposals.
The case is NWLC et al. v. OMB et al., case number 1:17-cv-02458, in the U.S. District Court for the District of Columbia.
This update does not impact the May 31 deadline for Component 1 submission.
Here is what OutSolve wants you to know:
• Begin to consider 2018 W2 box 1 and hours worked data appended to EEO-1 data already needed.
• Also, strongly consider running proactive risk analyses now
• Be aware, this is not necessarily over yet, but it’s looking like this is happening
• OutSolve will be prepared and provide guidance
More details will be shared as EEOC provides additional information expected in May.
EEO-1 Comp 2 Quick Facts
Employers must submit their 2018 pay data by September 30, 2019
What does this mean for you?