[With special thanks to our summer associate Whitney Chukwurah for her contribution to this post.]

All private employers with 100 or more employees in the US and certain federal contractors with 50 or more employees in the US must report data on race/ethnicity and gender across job categories in their annual EEO-1 filings. As previously reported (HERE), in 2016, under the Obama Administration, the Equal Employment Opportunity Commission revised the EEO-1 form to require certain employers to report W-2 wage information and total hours worked (referred to as Component 2 Data) for all employees by race, ethnicity and sex within 12 EEOC created pay bands.

The implementation of the revised EEO-1 form has been subject to litigation; however, covered employers now have until September 30, 2019 to provide EEOC with pay data.

In July 2019, the EEOC updated its Component 2 filing site.

The site now provides a sample form, instructions, and FAQs to assist employers in submitting employee pay data. Employers are beginning to receive portal login information and as of July 15, 2019, the Component 2 portal is available for employers to submit their EEO-1 form.

Employers can expect to receive notices from the EEOC regarding the submission of Component 2 data, first by mail and then by email. Additionally, employers will receive reminders by mail, email, and phone to submit Component 2 data in August and September 2019.

With the deadline quickly approaching, employers should ensure that compensation data for 2017 and 2018 are submitted by September 30, 2019.

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