New EEO-1 Form Put on Hold: Employers to Submit Prior Version of EEO-1 Form by March 31, 2018

Date: September 01, 2017

On August 29, 2017, the White House’s Office of Management and Budget announced that it was putting a hold on the revised EEO-1 form, stating that the requirements for collection of data on wages and hours “lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” The NFIB Small Business Legal Center commends the Administration for making this decision. NFIB strongly opposed the new reporting obligations due to the burden it would have imposed on employers.

Still, the EEO-1 form, which sets reporting requirements for collection of demographic information on race, gender, and ethnicity, by job category, remains in place. This applies to companies with 100 or more employees. The requirement to report on this demographic information also applies to federal prime contractors, or first-tier government sub-contractors, with (a) 50 or more employees and (b) contracts for $50,000 or more.

NFIB has previously reported on the EEOC’s changes to the EEO-1 form. The revised EEO-1 form would have also mandated reporting pay data and hours worked for employees grouped in twelve different pay bands.

After the White House’s announcement suspending the revised form, the Equal Employment Opportunity Commission issued a statement notifying employers that the previously approved EEO-1 form, which collects data on race, ethnicity, and gender by occupational category, will remain in effect. Employers should prepare to submit that data on the previously approved EEO-1 form by March 31, 2018.

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