The EEOC has proposed a new rule to revise the federal EEO-1 form to include employee pay data on filings beginning September 30, 2017. EEO-1s would have to include W-2 earnings for all employees within an EEO-1 job category by placing those employees within 12 “pay bands” after the effective date. For example when using “pay band 4,” an employer would place a number within each EEO-1 job category representing the total number of employees in that category who made between $30,680 and $38,999 gross for the prior 12 months—sorted by gender and race, of course. Whew! Maybe looking at the proposed draft form excerpt from the EEOC’s webpage (see below) would be easier. And in a later page of the form, you will have to include the total number of hours worked for each category.

There is a 60-day comment period on the new rule, so technically, it is not in place yet. However, employers should be preparing for eventual passage and looking for the best way to collect and sort the data. Remember that EEO-1s are required of all employers with 100 or more employees, as well as many federal government contractors.