September 16, 2019

September 16, 2019

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EEO-1 Component 2 Pay Data Report: Time Is Running Out, but the Sky Is Still Not Falling

Now that the EEO-1 Component 2 pay data report portal has been open for a month, and with a mere six weeks until the deadline to file your 2017 and 2018 compensation data, it’s time for an update to our June alert on the same topic. You also might want to tune in to our podcast discussion “What Happens If You Don’t File Your EEO-1 Component 2 Compensation Data?,” which ran on a recent episode of HR Works.

Online Filing System

The EEO-1 Component 2 survey for 2017 and 2018 is now open. If you are required to file, you should have received a letter and email notification, including a user ID, which you need in order to access the system. If you didn’t receive them, you should contact the help desk.

Help Desk

For those with logistical questions, an Equal Employment Opportunity Commission help desk is available to offer support. It can be reached at EEOCcompdata@norc.org or 877.324.6214. We reached out to the help desk by email and were pleasantly surprised by the prompt and direct answer we received. So if you have technical questions about how to submit your pay data report, you may want to consider contacting the help desk. If you have a more in-depth question, though, we recommend contacting your employment counsel for help, particularly if you have concerns about the data you’re submitting.

Logistics of Reporting Component 2 Data

There are two ways to report your Component 2 data: (1) through the EEO-1 Component 2 Online Filing System or (2) by creating a data file and inputting the data in the appropriate fields in accordance with the data file specifications.

If using the online filing system method, you’ll complete an online form that looks like the excerpt below. On its Component 2 website, the EEOC has published a user’s guide that walks you through the filing process step by step.

Online sample form

To view the image at a larger scale, click here.

If you’d prefer to upload your data file(s), the Data File Upload process is now available in the EEO-1 Component 2 Online Filing System. If you choose to submit a data file, the file layout must match the data file specifications exactly. Here’s an example of what that data file will look like:

Data file sample

To view the image at a larger scale, click here.

On its Component 2 website, the EEOC provides EEO-1 Component 2 upload file layout specifications that give more details on the filing requirements. Data files will be validated to ensure they conform to the specifications, and you’ll receive immediate feedback identifying any errors identified. All errors must be resolved in order for the file to be uploaded successfully. Once the error-free data file has been uploaded and validated, you’ll enter your employer information.

Don’t Be Confused

Inexplicably, the numbering system for the EEO-1 job categories on the Component 2 report is different from that on the Component 1 report. Don’t be confused by the numbers, but rely and report on the basis of the job category names (e.g., Executive/Senior-Level Officials and Managers, First/Mid-level Officials and Managers, Professionals, Technicians, Sales Workers, etc.).

Deadline Still September 30

The EEO-1 Component 2 compensation data for 2017 and 2018 must be submitted and certified by September 30, 2019. As a reminder, each year of data has to be completed and certified separately. Certification is mandatory, and without it, your company will receive a notification of failure to file. When certifying your company’s EEO-1 Report, including the compensation data, it’s important to ensure its accuracy.

Better Not to File Than to File Incomplete Reports

If you’re unable to complete the report on time, don’t be tempted to throw up your hands and file a partial or incomplete report. There is no box on the form to check for a “partial” or “incomplete” report. While there is no fine or penalty for not filing or for filing late, knowingly filing a false report, which would include a report you know to be incomplete and thus inaccurate, could result in a criminal fine and even imprisonment. So if you are unable to file by the deadline, your better options are to ask for a hardship extension or not to file at all. If it’s any comfort to you, remember that’s why we titled our previous article “No, Henny Penny, the Sky Is Not Falling.

© 2019 Jones Walker LLP

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About this Author

H. Mark Adams Employment Attorney Jones Walker
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For more than 30 years, Mark Adams has defended employers in all manners of employment claims and litigation before federal and state courts and regulatory agencies. Drawing on his experience, he counsels employers on the development of effective human resources policies, procedures, and strategies for complying with federal and state labor and employment laws and limiting exposure to employment claims and litigation, union organizing, and government agency investigations. Mr. Adams founded Jones Walker's Labor & Employment Practice Group and served as its chair...

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Mary Margaret Spell, Employment lawyer, Jones Walker
Partner

Maggie focuses her practice on cases brought under federal, state, and local employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. She regularly offers wage and hour compliance advice and has represented employers in numerous Fair Labor Standards Act collective actions and state-law wage and hour class actions.

Maggie’s litigation experience also includes defending employers in breach of contract and employment-related tort claims. She regularly defends employers and management before state and federal courts throughout the country at the trial and appellate levels, as well as before administrative bodies such as the U.S. Department of Labor, the Equal Employment Opportunity Commission, and similar state agencies.

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