Revised EEO-1 Forms with Pay Data Collection Requirements Put on Indefinite Hold. Deadline for Filing the Old-Style Form Remains March of 2018.

On August 29, 2017 the EEOC posted an announcement that the Office of Management and Budget had ordered a review and immediate stay of the pay data collection parts of the revised EEO-1 form.  In a Memorandum to Acting EEOC Chair Victoria Lipnic, The OMB Administrator, Office of Information and Regulatory Affairs, Neomi Rao, stated that the “OMB is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome,and do not adequately address privacy and confidentiality issues.”  Given this strong language, it appears unlikely that the revised EEO-1 form will be revived in its current configuration.

In a statement about the OMB decision, Ms. Lipnic — a vocal opponent of the EEO-1 Pay Data form – nevertheless expressed the EEOC’s continued commitment to strong enforcement of equal pay laws, and confirmed that companies still have until March 31 of 2018 to submit the old-style EEO-1 reports minus the pay information.

A copy of the OMB Memorandum and the EEOC’s comment may be obtained at:

https://www.reginfo.gov/public/jsp/Utilities/Review_and_Stay_Memo_for_EEOC.pdf

https://www.eeoc.gov/eeoc/newsroom/wysk/eeo1-pay-data.cfm

It is important to note that Federal contractors still must file the VETS-4212 form by the end of September.  Please contact the Kullman Attorney with whom you normally work should you have any questions or require additional information concerning this matter.