The Office of Management and Budget (“OMB”) has “suspended indefinitely” the compliance date for the new pay data reporting requirements on the EEO-1 report. Private employers with at least 100 employees will still be required to annually file EEO-1 reports, but the scope of the report will be limited to the same “race/ethnicity and gender data by job category” that covered employers have been reporting for years. The next round of EEO-1 reports are due in March of 2018.
The new pay data reporting obligations were controversial.
Many employers will breathe a sigh of relief upon hearing of this development. Discussed in more detail here, the new rules would have required covered employers to report extensive compensation and hours worked data in addition to the race/ethnicity and gender data that is already required on the EEO-1 report.
The new pay data requirements generated extensive resistance by the business community and employer groups. The requirements were widely criticized for a number of reasons, including that they were overly burdensome while not likely to yield relevant information in any meaningful compensation discrimination analysis.
Whether employers will ever be required to report pay data with their EEO-1 filings remains to be seen. For now, though, employers can rest easier knowing they do not have to take burdensome steps to collect and report pay data on their next EEO-1 report.
For more information, please contact Jon Bumgarner at jbumgarner@wp.hallrender.com or your regular Hall Render attorney.
