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EEOC Sets September 30 Deadline for 2018 EEO-1 Pay Data Submission

The Equal Employment Opportunity Commission (EEOC) announced on April 3, 2019, that employers have until September 30, 2019, to submit employee pay data as part of their annual 2018 EEO-1 report.

As discussed in our previous alerts here and here, this process has been plagued with uncertainty. On March 4, the U.S. District Court for the District of Columbia vacated the U.S. Office of Management and Budget's stay on the pay data reporting obligations, renewing the Obama-era requirement that employers submit employee pay data organized by race, sex, and ethnicity.

But when the EEOC's online reporting portal opened on March 18, it was still unclear whether these new reporting requirements would be postponed until the 2019 reporting cycle, or whether they would apply to the 2018 EEO-1—and whether any extra time to respond would be given.

This push to include employee pay data in the 2018 reporting cycle aligns with the recent increased national awareness of the longstanding "gender gap" in wages and other compensation. Advocates for the new reporting requirements hope that by forcing employers to reveal potential gender pay gaps through the EEO-1 reporting mechanism, employers will feel pressured to address any differences in pay and emphasize gender equality throughout their workforces.

The new EEO-1 requirements require detailed pay information. Given this, employers are encouraged to begin compiling their pay data well in advance of the September 30 deadline

Copyright © by Ballard Spahr LLPNational Law Review, Volume IX, Number 95


About this Author

Mary M. O'Brien, Ballard Spahr, labor and employment lawyer
Of Counsel

Mary O'Brien provides clients with strategic counsel and advice as they navigate through an ever-changing, always complex business environment. Her practical approach to business issues is an outgrowth of her upbringing in a family of business owners. Mary learned early that employees are a company's greatest asset and that perspective shapes the advice she gives her clients each day.

Whether she is handling a contract issue, a discrimination complaint, a trade secret concern or a shareholder/employee dispute, Mary helps clients develop a strategy for an efficient...

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Jessica Federico, attorney, Ballard Spahr Law Firm, Minneapolis, MN

Jessica Federico is dedicated to providing advice to employers who are navigating the challenging and ever-changing landscape of employment law. She counsels employers on defense of discrimination claims, wage and hour disputes, employee termination, internal I-9 audits, and filing petitions for employment-based immigrant and non-immigrant visas.

Prior to law school Jessica worked for several legal services providers in the Twin Cities, assisting immigrants in removal of defense, family based immigration, and humanitarian relief.

Judicial Clerkship

Hon. Steven E. Rau, U.S. District Court for the District of Minnesota