For decades employers with 100 or more employees that are subject to Title VII have been required to annually file the EEO-1 report, providing the EEOC with data on the number of individuals employed, their distribution by legal entity and location, and their demographic characteristics. In addition, federal contractors with 50 or more employees are also required to file an annual EEO-1 report. Historically, employers have been required to file the EEO-1 report each year by September 30 with data based on a “snapshot” of their workforce taken sometime between July and September.

No EEO-1 filing is required this fall.

As part of the Obama administration’s interest in addressing the persistent gap in pay between women and men and minorities and non-minorities, the EEOC and OFCCP adopted a solution which involved additions to the EEO-1 Report and changes in the EEO-1 reporting cycle.  The revised EEO-1 report now requires employers to provide information on employee compensation and hours worked in addition to demographic information.

The next required report will have to be filed by March 31, 2018, based on a workforce “snapshot” taken between October and December of 2017. The new report will require employers to provide information on the compensation paid to the employees included in the snapshot and their hours worked. Compensation is to be reported based on the pay reported by the employer in Box 1 of the employees’ 2017 W-2 forms.