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Trump White House Halts EEO-1 Pay Reporting Requirements
Friday, September 1, 2017

In another example of reversing Obama-era initiatives, the White House Office of Management and Budget on August 29 indefinitely stayed the deadline for employers to comply with the new EEO-1 form that would have required the collection of annual pay and hours worked data.  The EEO-1 form was revised in September 2016 to require employers with at least 100 employees to collect wage and hours worked data for its employees grouped in various job categories.  (See out prior post here.)  Due to the anticipated heavy burden and cost of gathering, aggregating and reporting the information and also questions regarding the data’s utility and confidentiality, the revised form’s requirements were met with staunch opposition from business groups, including the U.S. Chamber of Commerce.

In a memorandum to the EEOC, the OMB’s Office of Information and Regulatory Affairs informed the agency that the 2016 pay data requirements were being stayed immediately and directed the agency to submit a new information collection package for the EEO-1 form for OMB’s review.

As a consequence, according to EEOC Acting Chair Victoria Lipnic, the earlier approved EEO-1 form remains in effect, and employers with 100 or more employees and federal contractors will be required to submit only the data required before the September 2016 changes.  The deadline to submit EEO-1 forms remains March 17, 2018.

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