Certain employers are required to submit the EEO-1 Survey to the U.S. Equal Employment Opportunity Commission. The EEO-1 Survey contains information relating to the gender, ethnicity and race of employees.

A proposed new requirement to the survey would require covered employers to submit not only the gender, race and ethnicity of employees, but pay-related information for those individuals. This proposed pay-related data requirement is currently being litigated in a federal court lawsuit.

A federal judge recently ruled that the proposed pay-related data requirement will go forward. Based on that ruling, the EEOC has taken the position that covered employers must submit pay-related data on the 2018 EEO-1 Survey no later than September 30, 2019.

This issue continues to develop and could be further challenged, both in litigation and by way of executive action. For now, however, employers who are required to submit the 2018 EEO-1 Survey must comply with the proposed requirement. 

Those employers should submit Component 1 of the 2018 EEO-1 Survey by May 31, 2019 (Component 1 does not require the submission of pay-related data). In addition, covered employers should be prepared to submit Component 2 of the 2018 EEO-1 Survey (which includes pay-related data) by September 30, 2019.