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EEO-1 Update - Reprieve for Employers

As you may recall, the EEO-1 Report was revised in 2016 to include pay data and employers were going to have to start reporting the pay data in 2018, due to the EEO-1 filing deadline being extended to 2018. Well, on August 29, 2017, employers were issued a slight reprieve in having to gather all the pay data. The Office of Management and Budget (OMB) sent a memo to Acting Chair, Victoria Lipnic, Equal Employment Opportunity Commission (EEOC), indicating that OMB is putting an immediate stay on the implementation of the revised portions of the EEO-1 form. This is in reference only to the pay data.

While we were wondering how we were going to comply with the requirements, you may be wondering why the hold has been put in place. OMB, which approved the changes last year, has decided that “some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” In the memo, OMB does reference the fact that the EEOC released data file specifications for employers to use in submitting EEO-1 data and that these were not contained in Federal Register notices so employers could not comment on them. Also, the OMB suggests that the EEOC’s original burden estimates do not account for the use of the particular data file specifications.

So, what does this mean? According to Acting Chair Lipnic in a press release, the previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers are expected to comply with this earlier EEO-1 report and file by March 31, 2018.

If the EEOC wants to alter the EEO-1 form they will have to go back to the drawing board and issue a new information collection package to OMB for review. Also, the EEOC must announce the stay in the Federal Register.

This week’s picture is from our trip in July 2017 to Glacier National Park. There are fields just full of wildflowers. It is utterly amazing!

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