Federal Judge Reinstates EEOC Pay Data Collection Requirement For EEO-1 Form

On March 4, 2019, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia vacated an Aug. 29, 2017, decision by the Office of Management and Budget (OMB) to stay the Equal Employment Opportunity Commission (EEOC) requirement that employers use a revised EEO-1 form to report pay data information by employee job position, gender, race and ethnicity. The possible inclusion of pay data on the EEO-1 has been a source of uncertainty for employers over the past two years.

The EEO-1 is used by the EEOC to collect information from employers on an annual basis. Specifically, employers with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government must file the EEO-1, which identifies by job category, race, sex and ethnicity the number of employees who work for the business.