How You can Stay Compliant with the New EEO-1 Reporting

Aug 6, 2019 10:54:36 AM

A recent ruling has significant changes to how you file your EEO-1 forms. On April 25, 2019, a federal court ruled that employers are now required to collect 2018 employee pay data and hours worked by race, ethnicity, and gender. That information must be submitted to the Equal Employment Opportunity Commission (EEOC) no later than September 30, 2019.

The U.S. Equal Employment Opportunity Commission’s website explains that the EEO-1 form must be filed by:

All private employers who are:

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, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes and tax-exempt private membership clubs other than labor organizations;


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.

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
  3.   are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
  4.  serve as a depository of Government funds in any amount, or
  5.  a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes.

Previously the EEO-1 required employers to submit aggregate Form W-2 data counting and reporting the number of employees based on job category, gender, and race/ethnicity. Those job categories being:

  •         Executive/Sr Officials and Managers
  •         First/Mid Officials and Managers
  •         Professionals
  •         Technicians
  •         Sales Workers
  •         Administrative Support
  •         Craft Workers
  •         Operatives
  •         Laborers & Helpers
  •         Service Workers

You're required to submit Component 1 of the EEO-1 form by May 31, 2019, including the number of employees by job title, gender, and race/ethnicity. Component 2, the hours that your employees work and pay information based on gender and race/ethnicity, must be filed no later than September 30, 2019.

How will this affect your business? Adding a pay data report for gender and race/ethnicity is a lot more information than you may realize. Your HR & payroll employees are going to be busy.

So why not make it easier for them? Proliant is here to help.

Over 4,000 clients trust our payroll & HR People Tools across the country. Our reporting and analytics make it easy to gather all of the information required for the new EEO-1 and help identify any potential errors in your data before you file. This reporting saves your company from possible fees down the line.

Reach out to us if you have any questions on EEO-1 or any other payroll and HR questions.