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ARTICLE · 22 MARCH 2019

Federal Court Reinstates EEO-1 Pay Data Reporting Requirement

Duane Morris LLP
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On March 4, 2019, a federal court in Washington, D.C., ordered the Trump administration to reinstate an Obama-era rule that had been placed on hold.

United StatesEmployment and HR

On March 4, 2019, a federal court in Washington, D.C., ordered the Trump administration to reinstate an Obama-era rule that had been placed on hold. The court ruling will require employers to annually report pay data by gender, race and ethnicity to the Equal Employment Opportunity Commission (EEOC).

EEO-1 Disclosure Requirements

For decades, the EEOC has required private employers with 100 or more employees to annually file an EEO-1 report, which breaks down the number of employees in different job categories by gender, race and ethnicity. Federal government contractors and subcontractors with 50 or more employees also are subject to this reporting requirement.

In 2016, after receiving approval from the White House Office of Management and Budget (OMB), the EEOC issued a rule expanding EEO-1 reporting requirements to include W-2 wages and total hours worked in the prior year for all employees in 12 proposed pay bands. The EEOC's stated intent of the proposed

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