Government Shutdown May Force Delay in EEO-1 Reporting

Nominally due March 31 (though it was delayed in 2018), the Employer Information Report EEO-1 could face delays this year since the team responsible for the portal and the whole reporting process is on furlough while the federal government faces a partial shutdown.

eeoc-report-could-be-delayedThe EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category. The online portal is operated by the Equal Employment Opportunity Commission (EEOC), and  is the primary means for filing Standard Form 100.

The Employer Information EEO-1 report (Standard Form 100) is collected annually under the authority of Title VII of the Civil Rights Act of 1964, as amended. All employers with 15 or more employees are covered by Title VII and are required to keep employment records as specified by EEOC regulations.

In the waning months of the Obama administration, the commission added a pay data component to the report, but the incoming Trump administration delayed that requirement and opened a review-and-revise process that was immediately challenged in court by employee groups. The pay component was introduced as a means to combat pay discrimination.

President Trump’s nominated chair for the EEOC, Janet Dhillon, testified in 2018 that she favored retaining the pay data requirement in one form or another, but she has yet to be confirmed. In fact, she had to be recently renominated once the new Congress was seated.

A sample form is available here.


NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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