Uncertainty continues for the EEOC's attempt to expand the
collection of employers' pay data. Last Monday, the D.C.
District Court in National Women's Law Center v. Office
of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C.
Mar. 4, 2019), reinstated the EEOC's revised EEO-1 form
that increases employers' obligation to collect and submit pay
data.
In 2016, the EEOC revised its EEO-1 form that collects pay data
from employers with 100 or more employees and certain other
employers. The previous version of the EEO-1 form required
employers to report only the number of employees across ten job
categories according to race, ethnicity, and sex. The revised form,
however, increases employers' obligations: employers must
submit aggregate W-2 earnings and hours worked in twelve pay bands
for each of the ten job categories. The Orrick Employment Blog has
posted previously on the revised EEO-1 form
here,
here,
here,
here,
here, and
here.
