Overview: The EEOC requires employers with 100 or more employees to comply with the EEOC's annual reporting requirements.
Most employers are covered and required to report even though there are some exemptions, i.e., state and local governments, school systems etc. Employers with 100 or more employees must annually submit an EEO-1 Report in September.
The EEO-1 Report requires that employers provide information about the gender and ethnic breakdown of the workforce as it pertains to numerous job categories as well as the employer's location and business purpose.
The EEOC provides documentation on its website to assist employers in classifying their workforce.
Trends: In recent years the EEO-1 Report has been changed to reflecting a changing demographic in the United States.
A new category entitled "Two or more races" has been added; "Asian and Pacific Islanders" has been made into two separate categories entitled "Asian" and "Native Hawaiian or other Pacific Islander"; "Black" has been revised to "Black or African American"; and "Hispanic" has been renamed "Hispanic or Latino".
The EEOC supports employees self identifying rather than having the employer visually identify an individual's race and/or ethnicity.
The EEOC, in partnership with the Department of Labor (DOL), has proposed to expand on the type of information collected using an updated EEO-1 Report. Additional summary pay data, by gender, race and ethnicity, would be required.The pay data would be categorized in 12 pay bands and would consist of Form W-2, Wage and Tax Statement, earnings information for a 12-month period, as well as the hours worked by employees.
Under the revised proposal, the reporting deadline would be changed to March 31 of the year following the EEO-1 report year. The first report that would have to conform to the new requirements - the 2017 report - would be due on March 31, 2018.
Author: Beth P. Zoller, JD, Legal Editor
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