Numerous Sources Misreporting Status of Possible EEO-1 Pay Data Reporting Requirement

Thursday, April 4, 2019

Multiple sources are reporting that employers must report summary compensation and hours-worked data on a revised EEO-1 Report by September 30, 2019. This is an inaccurate characterization of a legal filing made last night.

As CWC members know, in 2016 the EEOC approved major modifications to the EEO-1 Report that would require employers to file summary compensation and hours-worked data for each establishment, but before those modifications went into effect, the White House Office of Management and Budget (OMB) suspended them. Early last month, a federal district court ruled that OMB’s suspension was unlawful, and two weeks ago the judge in that case directed the government to respond to questions related to implementing the 2016 EEO-1 modifications.

Last night, the Department of Justice made a filing with the court that stated the EEOC “is able to undertake and close the collection of 2018 EEO-1” compensation and hours-worked data by September 30, 2019. While employers may eventually have to comply by this deadline, the judge has not issued any additional ruling and the EEOC has not communicated any new plans for collecting these pay and hours-worked data from employers. In other words, it is simply premature to state that last night’s DOJ court filing amounts to the establishment of a September 30, 2019 filing deadline for the revised EEO-1 form.

CWC plans to publish additional analysis of the developments in this case and the status of the pay data reporting requirements in the near future as further information becomes available. Our analysis will include a discussion of the amicus curiae brief filed with the court this morning by CWC and other business groups.In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or

© 2024 Center for Workplace Compliance (CWC™). All rights reserved. Formerly EEAC. No part of this document may be reproduced without permission of CWC. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at or 202-629-5655.