ATTENTION EMPLOYERS – the Equal Employment Opportunity Commission recently announced that the 2017 EEO-1 survey is now available on the EEOC website. For those employers who are required to complete this form, the completed form must be submitted no later than March 31, 2018.
Who is required to complete the EEO-1 Survey?
All companies that meet the following criteria are required to file the EEO-1 report annually:
- Companies who are subject to Title VII of the Civil Rights Act of 1964 and who employ 100 or more employees; or
- Companies who are subject to Title VII of the Civil Rights Act of 1964 and who employ less than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
- Federal government prime contractors or first-tier subcontractors who are subject to Executive Order 11246 and who employ 50 or more employees and who is a prime contract or first-tier subcontract amounting to $50,000 or more.
Are companies required to provide compensation data relating to their employees?
In late August 2017, the Office of Management and Budget stayed the pay data collection requirement for the 2017 EEO-1 report. As a result, employers are not required to provide pay information on the 2017 EEO-1 form.
What do companies need to do to complete the 2017 EEO-1 Report?
To complete the report, employers must collect a snapshot of their employment data on a date of the employer’s choice ranging from October 1 to December 31, 2017.
In September of 2016, the EEOC announced that it had revised the EEO-1 report and starting March 2018, it will collect summary employee pay data from certain employers, as follows —
- Private employers including federal contractors and subcontractors with 100 or more employees will report summary pay data.
- Federal contractors and subcontractors with 50-99 employees will not report summary pay data, but they will continue to report employees by job category as well as by sex, ethnicity, and race as they do now.
- Employers with 99 or fewer employees and Federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report.
When this announcement was made, the EEOC advised employers that the deadline for filing the new 2017 EEO-1 report would be pushed back to March 31, 2018 and would need to include data from a pay period in October, November, or December 2017.
To prepare for the new report, it is recommended that employers do the following:
- Verify employee count – private employers (who are not federal contractors) with less than 100 employees are not required to file this report;
- Determine how exempt employees’ “total hours worked” will be reported – there are two options:
- Report a “proxy” of 40 hours per week for full-time exempt employees and 20 hours per week for part-time exempt employees, or
- Report the actual number of hours worked;
- Determine the timeframe that you are going to use – employers can choose any time from October 1 through December 31;
- Use the different “pay bands” designated by the EEOC –
- $19,239 and under;
- $19,240 – $24,439;
- $24,440 – $30,679;
- $30,680 – $38,999;
- $39,000 – $49,919;
- $49,920 – $62,919;
- $62,920 – $80,079;
- $80,080 – $101,919;
- $101,920 – $128,959;
- $128,960 – $163,799;
- $163,800 – $207,999; and
- $208,000 and over.
- Determine whether you have obtained the “EEO data” (race, ethnicity, and gender information) from all of your employees;
- Verify that your job titles are classified in the appropriate EEO-1 category; and
- Determine whether any pay differences can be explained by legitimate factors such as seniority, time in job, etc.