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DC District Court Lifts Stay and Rules that the Previously Approved EEO-1 Form is Effective Immediately

2019-03-15

Previously approved form requires W-2 pay data and hours worked reporting.  Is an OMB or EEOC appeal on the horizon?

The EEO-1 saga continues as the District Court for the District of Columbia yesterday vacated the OMB’s stay on the EEOC’s revised EEO-1 Pay Data Collection form.  The Court ruled that the previously approved form should be implemented immediately.  

All private employers with 100 or more employees and federal contractors or first-tier subcontractors with 50 or more employees and a federal contract, subcontract or purchase order equaling $50,000 or more are required to file the annual EEO-1 report.  In addition to the fields in the standard EEO-1 form, the above employers will also have to collect employee W-2 pay data and hours worked at the individual level, which is Component 2 of the revised form.  

The original EEO-1 filing period was January 1, 2019 to March 31, 2019; however, due to the government shutdown, the deadline was pushed to May 31, 2019.  EEOC will officially open the 2018 EEO-1 survey on March 18, 2019.  We will have to wait to see if either the OMB or EEOC appeal the removal of the stay. 

Information about company contact updates, mergers, spinoffs, etc. can be found on the EEO-1 website.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.