On April 25, 2019, a federal district court ruled that employers
must provide pay data to the Equal Employment Opportunity
Commission (EEOC) by September 30, 2019. This ruling is the latest
decision in a years-long battle over whether (and when) employers
are required to report pay information based on sex, race, and
ethnicity to the EEOC.
The EEOC has long required employers to report data on
employees' ethnicity, race, and sex on the annual
"Employer Information Report EEO-1" (EEO-1). The EEO-1
requirements apply to all employers with 100 or more employees and
federal contractors with 50 or more employees.
In 2016, the Obama administration announced its intention to
seek a three-year approval from the Office of Management and Budget
(OMB) of a revised EEO-1. The revised EEO-1 would have two
components. Component 1 would capture the same information that is
currently reported by employers (i.e., data on employees'
ethnicity, race, and sex, by job category).