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EEOC’s New Pay Data Reporting Requirements

Labor & Employment Alert Jeffrey S. Piell

The U.S. Equal Employment Opportunity Commission's ("EEOC") deadline for larger employers to provide employee pay data has been set for September 30, 2019. The deadline to submit EEO‑1 race, ethnicity and gender data remains May 31, 2019.

Since 1966, the EEOC has required employers with 100 or more employees to file with the EEOC the "Employer Information Report EEO‑1." Historically, that meant employers had to identify employees by job category, race, ethnicity and sex ("Component 1" data). Starting in 2017, the EEOC added a requirement that employers provide employee pay data in the EEO‑1 to enable the EEOC to identify pay disparities based on gender ("Component 2" data). However, before the pay data requirement went into effect, the White House Office of Management and Budget cancelled the requirement. Litigation followed and, ultimately, the United States District Court in Washington D.C. resurrected the reporting requirement.

The Court and the parties of the lawsuit have agreed that employers must submit their 2018 pay data to the EEOC by September 30, 2019. The Court ordered the EEOC to collect a second year of pay data (the EEOC selected 2017) also by September 30, 2019. The EEOC announced its plan to start accepting submissions of pay data in mid‑July. Absent an appeal of the District Court's order, employers will have to collect and provide Component 2 W‑2 pay information (hours worked and pay information from employees' W‑2 forms by race, ethnicity and sex) from 2017 and 2018 by September 30, 2019. Again, Component 1 data is due May 31, 2019.

For additional information on the EEOC and pay data reporting, please contact your local Quarles & Brady attorney or

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