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EEOC Ordered to Collect Pay Data from Employers by September 30

Employers must provide employee compensation data by sex, race, and ethnicity to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30th 2019.


The EEOC collects demographic data from employers annually in the EEO-1 Survey: made up of Component 1 and Component 2 data broken down by sex, race, and ethnicity. Component 1 data includes the number of employees in the employers workforce categorized by job title. Component 2 data addresses compensation and hours
worked. Generally, only employers who have 100 or more employees are required to submit Component 2 data.

In 2017 the EEOC's collection of the Component 2 data (compensation and hours) w as suspended in an attempt to alleviate administrative burdens on employers.

Reinstatement of the Collection of Component 2 Data

In two rulings in March and April, a U.S. District Court lifted the suspension and reinstated the requirement for employers to provide compensation and hours worked data (Component 2 of the EEO-1) to the EEOC and set the deadline for submission as September 30, 2019. The specific data required by Component 2 of the EEO-1 includes wages from box 1 of Form W-2 and total hours w orked by employee broken dow n by sex, race, and ethnicity.

Additionally, the EEOC stated that employers w ill be required to provide both 2017 and 2018 Component 2 data by the September 30, 2019 deadline.

Employers should begin their preparation immediately to provide the 2017 and 2018 compensation and hours data to the EEOC by September 30, 2019. The EEOC website for submitting the EEO-1 data.

© 2007-2021 Hill Ward Henderson, All Rights ReservedNational Law Review, Volume IX, Number 241

About this Author

Al Ward Executive Compensation Hill Ward Henderson

Al is Co-Chair of the firm's Executive Compensation & Employee Benefits practice. Al is recognized throughout the professional community for his depth of experience and knowledge in the employee benefits area. Prior to entering the practice of law, Al was an actuarial and employee benefits consultant for over eight years.

Al has focused for over four decades on executive compensation, employee benefits, trusts and taxation. He represents many clients including publicly traded and privately held, taxable or tax-...

Kirsten Vignec Employee Benefits Attorney HIll Ward Henderson

Kirsten is a Shareholder in the firm's Corporate & Tax Group and practice co-chair of the Executive Compensation & Employee Benefits Group. Kirsten’s practice involves employee benefit matters associated with the design and ongoing administration of executive deferred compensation plans, welfare benefit plans, Section 401(k) plans, profit sharing plans, and pension plans. Kirsten represents tax-exempt entities, for-profit, private, and publicly-traded companies.

Kirsten represents clients before the IRS, DOL, and the PBGC with respect to employee benefits matters.


Melanie Hancock Brown Employee Benefits lawyer Hill Ward Henderson

Melanie is a Shareholder in the firm’s Executive Compensation & Employee Benefits Group. She practices in the area of ERISA, employee benefits and executive compensation. Melanie counsels a diverse clientele of for-profit,  nonprofit and governmental entities of all sizes regarding their qualified and nonqualified employee benefit plans, including 401(k) and profit sharing plans, 457 and 403(b) plans, defined benefit plans, ESOPs and other stock based benefits, and health, welfare and other fringe benefit plans. She drafts qualified and nonqualified plans, and provides...

Bret Hamlin employee benefit lawyer Hill Ward Henderson

Bret is a Shareholder in the firm’s Executive Compensation & Employee Benefits Group. He practices primarily in the areas of employee benefits, deferred compensation and trusts. Prior to entering the private practice of law, he provided plan design and consulting, third-party administration and investment, as well as retirement plan education services for clients. 

Bret represents large, medium and small employers with respect to many employee benefit matters, including both single employer and multiple employer qualified retirement plans, deferred...

Timothy P Zehnder employee lawyer Hill Ward Henderson

Tim is an Associate in the firm’s Executive Compensation & Employee Benefits Group. His practice focuses primarily on advising client employers (private and public, tax-exempt and for-profit) on a wide variety of compensation and benefits matters, including plan design, administration and termination, compliance with applicable laws (including the Internal Revenue Code, ERISA, HIPAA, and the Affordable Care Act), and resolution of compliance issues with the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation.  Tim has experience assisting...

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