That EEO-1 you just filed will look a lot different next time. Oh, good…

Yup. EEO-1’s, open enrollment. That HR life’s a beach, amirite? Pass me a frozen beverage.

Oh, it’s Monday? Better make it two.

Actually, no frozen beverages for me today. Not even a Frappucino.
I’ve got to be on my game at the SHRM Lehigh Valley Annual Conference. I’m presenting 5, yes five, sessions over the next two days. If you are in Bethlehem, PA for the conference, please check out the schedule, enjoy a sesh with me, or just stop by and say hello.
Plus, folks who attend my sessions will receive a raffle ticket. On Day 2 of the Conference, during the prize drawing before the final keynote, one lucky winner will get a free on-site workplace training session from the Your Blogness.

What is an EEO-1? Who must file?

The EEO-1 is an annual, compliance survey that seeks company employment data categorized by race/ethnicity, gender and job category. This past Friday, 9/30/16, was the EEO-1 filing deadline.

All private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract / subcontract of $50,000 or more to file the EEO-1 report.

What’s changing?

Pay data. That’s what. From the EEOC Press Release:

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018,* it will collect summary employee pay data from certain employers. The new data will improve investigations of possible pay discrimination, which remains a contributing factor to persistent wage gaps. 

*Yes, the new deadline in 18 months away. No filing in 2017.

According to this EEOC Q&A sheet, the revised EEO-1 report has two new elements:

  • Summary pay data: Employers report the total number of full and part-time employees they had during that year in each of 12 pay bands listed for each EEO-1 job category; employers do not report individual pay or salaries.
  • Aggregate hours worked data: Employers tally and report the number of hours worked that year by all the employees accounted for in each pay band.

The EEOC is collecting pay data, huh. Does it remain confidential?

While the EEOC does aggregate and publish EEO-1 data it collect, it does not disclose EEO-1 data for a specific employer.  OFCCP holds EEO-1 data for federal contractors and subcontractors confidential — well, as best as it can. So, no guarantees there.

What if my company blows the deadline? Or we submit a questionable EEO-1?

Yeah, I know. Creating more work for you stinks. But, before you think twice about, you know, forgetting about it…

There are penalties for non-compliance. If a company is supposed to file an EEO-1, but doesn’t, the EEOC may sue that company to compel it to file. Additionally, government contractors that fail to report can lose their federal contracts. Further, the penalties for lying on an EEO-1 range from fines to imprisonment.

Also, if when preparing your EEO-1, you notice pay disparities among protected classes performing the same job, it’s time to ask yourself why. And, if you don’t know the answer, figure it out. And, when figure it out, fix it if it’s something that needs fixing.

Otherwise, be prepared to explain the disparity to the EEOC or a future plaintiff.

“Doing What’s Right – Not Just What’s Legal”
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