[ALERT] Labor & HR Committee Update
August 30, 2017

Staff Contact: Frank Kerben

Revised EEO-1 Form STAYED

UPDATE FROM THE EEOC: The previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers should plan to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.

Instructions can be found at https://www.eeoc.gov/eeoc/newsroom/wysk/eeo1-pay-data.cfm.

The full statement of EEOC Acting Chair Victoria A. Lipnic about the OMB Decision on EEO-1 Pay Data Collection can be found here.

Yesterday, the Office of Management and Budget stayed the implementation of the revised EEO-1 form. As you know, the revised EEO-1 form required reporting on the wages and hours worked from employers with 100 or more employees, and federal contractors with 50 or more employees. OMB indicated that during the review and stay, the EEOC may continue to use the previously approved EEO-1 form to collect data on race/ethnicity and gender.

The OMB indicated its concern that “some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” OMB also cited the EEOC’s failure to submit the data file specifications for employer submissions for public review and comment. This material will now be subject to OMB review. 

Regulations require that the EEOC submit a new information collection package for the EEO-1 form to OMB for review.

As we get more information – specifically information from the EEOC on submitting EEO-1 forms for 2017 – we will let you know as soon as possible.  Feel free to contact me with any questions or concerns you may have.

(Note: Thank you to Business Council member Mike Billok of Bond, Schoeneck and King for his 6:00 am tweet on this issue… you should follow him on Twitter@MikeBillok).