A federal judge ruled on April 25th that the Equal Employment Opportunity Commission (EEOC) must collect employee pay data as part of the 2018 EEO-1 report.  As a result, employers will be required to submit 2018 employee pay data by September 30, 2019.  The EEOC has until May 3rd to decide if employers will also be required to submit 2017 employee pay data by September 30th.
Data collection is slated to begin July 15th. The EEOC has indicated that they will provide more information and training for employers prior to that date.
As a reminder, below are the requirements for which employers are required to file an EEO-1 report annually:

  1. All private employers who are:
    1. subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations;

OR

    1. subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
  1. All federal contractors (private employers), who:
    1. are not exempt as provided for by 41 CFR 60-1.5,
    2. have 50 or more employees, and
      1. are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
      2. serve as a depository of Government funds in any amount, or
      3. is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.