Amid All the Political Noise, Some Good News for Employers: New EEO-1 Pay Data Obligation May Not Be Enforced

You may recall that in February 2016, the EEOC issued a rule amending the Form EEO-1. The rule would require private employers with 100 or more employees to gather and submit pay data along with their EEO-1 reports. Many employer-groups complained that complying with the new rule would require an inordinate amount of time and manpower, and result in no real employee benefit. The deadline for the new EEO-1 reports is currently March 31, 2018.

Last week the House Committee on Appropriations may have taken a vote that effectively kills the new rule. On July 13, 2017, the Committee voted to limit the EEOC’s ability to implement its revised EEO-1 and voted in an amendment to the Appropriations Bill which states that “[n]one of the funds made available by this Act may be used by the Equal Employment Opportunity Commission for the ‘collection of information,’ . . . from employers relating to employees’ earnings and hours worked . . . .”

If the Appropriations Bill is ultimately passed, it is unlikely that the EEOC’s revised EEO-1 will be implemented in 2018 as scheduled. This will undoubtedly save employers both time and money associated with the burdensome collection and analysis of the revised EEO-1’s pay data.

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