EEO-1 New Pay Data Reporting Requirement—Possible Delay Or Suspension?

This is the time of year when employers with 100 or more employees (and federal contractors with 50 or more employees) would typically be gathering information to complete the EEO-1 reporting by September 30. However, on September 29, 2016, the EEOC announced approval of a revised EEO-1, starting with the 2017 report. The annual filing deadline for the EEO-1 Report has been changed from September 30, 2017 to March 31, 2018. The "workforce snapshot period" has also changed to any payroll period of the employer's choice between October 1 and December 31, 2017 (rather than, as previously, a payroll period between July 1 and September 30).

At the recent National Industry Liaison Group conference in San Antonio, Texas, Victoria Lipnic, acting chair of the EEOC, stated that the White House's Office of Information and Regulatory Affairs (OIRA) is currently reviewing the burdens of the new pay data reporting requirement. Ms. Lipnic stated that she had suggested to OIRA that,