Reminder: EEO-1 Pay Data Must be Submitted by September 30, 2019

Employers required to submit EEO-1 forms must submit pay data for 2017 and 2018 by September 30, 2019. The EEOC has provided additional templates and information to assist employers with completing their reporting obligations. This advisory will cover some of the key facts employers need to know when submitting their EEO-1 pay data.

Overview of EEO-1 Pay Data Requirements

Employers with 100 or more employees (private employers and federal contractors) are required to submit 2017 and 2018 pay data (called EEO-1 Component 2) by September 30, 2019. The EEOC mailed EEO-1 filers a letter and email notification with a User ID needed to access the Component 2 reporting system.

The EEOC Component 2 home page – with FAQs, sample forms, instructions, and more, is available here.

Employers will select a single pay period in Q4 2017 and Q4 2018 and report pay data for only those full-time and part-time employees on the employer’s payroll in each of the selected periods.

Employers must report the employees’ W-2 wages, broken down into compensation bands.

Employers will report:

1. Total number of employees in each job category in each compensation band, broken down by race and gender; and


2. Total hours worked by employees in each job category in each compensation band, broken down by race and gender.

A sample EEO-1 Component 2 form is available here.

What Employers Should Do Now

• Immediately begin preparing their EEO-1 Component 2 reports and plan to submit them through the EEOC online portal no later than September 30, 2019.

• Consider conducting a privileged internal analysis to identify any concerning pay disparities prior to submitting the Component 2 data.

• Consult with experienced employment law counsel for questions or concerns regarding completing the Component 2 requirements.