Summary Pay Data Collection by Federal Government To Start in in 2018, EEOC Says

No employer can reasonably say they haven’t had ample warning.

The Equal Employment Opportunity Commission announced last Thursday that employer and federal contractors and subcontractors with 100 or more employees will have to submit to the agency “summary pay data” starting in 2018.

The summary pay data will be added to the annual Employer Information Report or EEO-1 report that is coordinated by the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). OFCCP collects data from federal contractors and subcontractors.

The first deadline for the new 2017 EEO-1 report will be March 31, 2018, which gives employers 18 months to prepare. This revision does not impact the 2016 EEO-1 report, which was due on September 30, 2016, and is unchanged.

Federal contractors and subcontractors with 50-99 employees will not report summary pay data, but they will continue to report employees by job category as well as by sex, ethnicity, and race as they do now. Employers with 99 or fewer employees and Federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report as is current practice.

And if you’re nervous that this summary pay data will wind up on the Internet for public consumption, the EEOC is assuring employers that it will hold this information confidential.

OFCCP holds EEO-1 data for federal contractors and subcontractors confidential to the maximum extent possible under the Freedom of Information Act and the Trade Secrets Act.

EEOC will offer free webinars for interested employers and stakeholders on October 20 and October 26, 2016. Technical assistance also will be available through the EEOC’s hotline and email. For more information, see https://www.eeoc.gov/employers/eeo1survey/2017survey.cfm.

The EEOC proposed the rule last January and re-proposed the pay data collection rule in July.

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