As an update and a clarification to the below post we have learned from EEOC that there is not currently a deadline in place for submission of the 2019 EEO-1 reports. In fact, EEOC currently does not have authority to collect 2019 EEO-1 Component 1 data.
Since the advent of Component 2 pay data reporting, the deadline for filing EEO-1 reports has been March 31 annually. Because its authority to collect data pursuant to the previously used EEO-1 form expired September 30, 2019, EEOC has had to seek renewal of authority to collect data using the EEO-1 form, and as a result there is no deadline for submission.
The following appears on EEO-1 Survey login page:
The EEOC is currently in the process of seeking approval under the Paperwork Reduction Act (PRA) to collect the EEO-1 survey for 2019, 2020, and 2021. The EEOC is seeking to collect Component 1 of the survey and to discontinue the collection of Component 2 pay data. See, EEO-1 30-Day PRA Notice. The opening of the collection, as well as the new deadline date, will be announced by posting a notice on the EEOC home page and sending a notification letter to eligible EEO-1 filers. When the survey opens, the EEOC will provide online resources to assist filers with their submissions and the EEOC’s helpdesk will be available to respond to filer inquiries and to provide additional filing assistance (including, for example, guidance on processing mergers and acquisitions and other corporate changes).”
As always we will be back with any new updates.
Although we are about a week from the current March 31, 2020 deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.
That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race or gender data. On Friday, however, EEOC filed another request for approval with the Office of Management and Budget that, in a bit of housekeeping, seeks a new “control number” that unties the Component 1 data from the prior control number that also authorized collection of Component 2 pay data. In September 2019, EEOC requested approval to collect Component 1 data under the prior control number, and announced that it would not seek to collect Component 2 pay data.
Aside from the housekeeping effort, EEOC also says that if, in the future, it seeks to again collect pay data, it will provide advance notice and allow for public comment. In its notice, EEOC says:
Based on the Commission’s evaluation of the public comments…and the agency’s own burden calculations, and because the PRA requires an agency to demonstrate that the practical utility of the information collection outweighs the burden of the collection, the Commission cannot justify continuing to collect Component 2 data.
The EEOC believes that there should be a transparent and open process, aligning with the recommendations in the EEOC-commissioned 2012 study from the National Academy of Sciences (NAS), entitled “Collecting Compensation Data from Employers,” (NAS Study), that the EEOC:
- Develops a plan for using pay data before initiating any data collection. Clearly articulating the ultimate uses of the data will help determine both which data elements need to be collected as well as the best approach to collecting the data to ensure the validity, reliability, and utility of the data collected.
- Initiates a scientifically sound pilot study to test the pay data collection instrument and the plan for the use of the data; and
- Uses a definition of compensation that is measurable, collectable, and meaningful.
The public will have 30 days to comment on EEOC’s request for approval to collect Component 1 data, which also means that employers and federal contractors will not be able to file 2019 EEO-1 reports for at least another 30 days…and probably more.
Please stay tuned and we’ll let you know as soon as we hear anything about a new deadline.