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Court Requires EEOC to Collect Pay Data for EEO-1 Report


The Equal Employment Opportunity Commission (EEOC) has added a pay and hours data requirement to the annual EEO-1 Report. Now, in addition to data on job category, race, ethnicity, and sex, private employers with 100 or more employees must report pay and hour data in what the EEOC calls Component 2.

Component 2 consists of pay information and “total hours worked.” The pay information is collected from IRS Form W-2 and organized into 12 pay ranges for 10 different job categories. For employees not exempt from Fair Labor Standards Act (FLSA) standards, total hours worked are the same as those in the employer’s FLSA records. For FLSA exempt employees, employers can report either actual hours worked, or they can report a proxy of 40 hours per week for full-time employees and 20 hours per week for part-time employees.

Employers must submit Component 2 pay data for both 2017 and 2018 by September 30, 2019. The EEOC expects to begin collecting Component 2 data for 2017 and 2018 in mid-July, 2019. All 2019 data for Components 1 and 2 of the EEO-1 Report will be due by March 31, 2020.