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Deadline for Compliance with New EEO-1 Form Stayed Indefinitely

The White House Office of Management and Budget (“OMB”) has indefinitely stayed the deadline for compliance with the new Employer Information Report (EEO-1 Form) for collection of annual pay and hours worked information. As previously reported, the EEO-1 Form was revised in 2016 to require certain employers to submit additional aggregate data on W-2 earnings and hours worked by employees. Specifically, the proposed revision to the EEO-1 Form, published by the United States Equal Employment Opportunity Commission (“EEOC”) in February 2016, would require every employer with 100 employees or more to submit demographic information along with the W-2 wages and hours worked for all of its employees grouped in broad EEO-1 job categories, subdivided into twelve bands.

Due to the further tracking, aggregation, and submission requirements necessitated by the form’s request for additional data points, the revised form has faced staunch opposition from business groups, including the U.S. Chamber of Commerce, that have been outspoken about the new form’s problems with cost, utility, and confidentiality.

The EEOC will be publishing additional details about what actions it will be taking and any future deadlines and timelines in the Federal Register. In the meantime, employers are required to continue tracking the information required by the previous version of the EEO-1 Form. Employers have until March 31, 2018 to submit this 2017 data.

The EEOC requires all employers with 100 or more employees to file an EEO-1 form. Companies that contract with the federal government and have 50 or more employees may also be required to submit the EEO-1 form.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VII, Number 244


About this Author

Kelly L. Hensley Labor & Employment Attorney Sheppard Mullin Los Angeles, CA

Kelly Hensley is a partner in the Los Angeles office and is Leader of the firm's Labor and Employment Practice Group. She specializes in labor and employment counseling and wage and hour matters.

Areas of Practice

Compliance Audits.  Ms. Hensley regularly conducts wage-hour and HR-related compliance audits for companies of all sizes.  Ms. Hensley helps clients create compliance programs designed to meet state and federal requirements. 


Melanie Hamilton, Attorney,

Ms. Hamilton is an associate in the Labor and Employment Group in the firm's Orange County office.

Areas of Practice

Ms. Hamilton specializes in labor and employment matters on behalf of employers, including wage and hour violations, employment discrimination, wrongful termination in violation of public policy, and sexual harassment.