OMB Halts Controversial Pay Data Collection Portion of EEO-1

Employer concerns regarding the upcoming burdensome EEO-1 reporting requirements will be relieved by the welcome news that the Office of Management and Budget (OMB) issued a memorandum yesterday to the U.S. Equal Employment Opportunity Commission implementing an immediate stay of the new Component 2 to its Employer Information Report (EEO-1) Form. Added on September 29, 2016, these highly controversial revisions to the EEO-1 Form would have required all employers with 100 or more employees who currently submit the EEO-1 Form to add summary compensation and hours worked data to their annual disclosure of data about employees’ gender, race and ethnicity.

The OMB has initiated a review of the pay data collection aspects of the revised EEO-1 Form to assess its effectiveness. It is in unclear at this time whether they will further revise the EEO-1 Form. In the meantime, affected employers are only required to submit Component 1 of the EEO-1 Form which collects data on race, ethnicity and gender. The revised deadline for filing remains March 31, 2018 (rather than as historically required by September 30).