On July 2, the Equal Employment Opportunity Commission updated the Component 2 EEO-1 Online Filing System website to include additional resources for employers. The website now includes a More Info section and a Frequently Asked Questions page

Under the More Info section, the EEOC offers resources to assist employers with filing their Component 2 EEO-1 data, including a sample form, an instruction booklet, a fact sheet and reference documents.

According to a notification letter sent to impacted employers, the EEOC has contracted with NORC at the University of Chicago, a non-partisan research institution, to collect the Component 2 data for 2017 and 2018. The web-based portal for the submission of the Component 2 EEO-1 reports for 2017 and 2018 will be active by July 15, 2019 via the Component 2 EEO-1 Online Filing System. Employers will be notified when this filing system is available.

The website also lists help desk information to offer filers additional support. Interested parties can contact the help desk by phone at 877-324-6214 or by emailing eeoccompdata@norc.org

Background

In light of a recent court decision, certain employers will be required for the first time to submit detailed data on employee compensation and hours worked (or Component 2 data) for calendar years 2017 and 2018 to the EEOC as part of their annual EEO-1 form submission by Sept. 30, 2019

According to the EEOC’s FAQs, certain employers, including federal contractors, are required to submit EEO-1 2017 and 2018 Component 2 compensation data:

• Employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they had 100 or more employees during the 2017 workforce snapshot period. Employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they had 100 or more employees during the 2018 workforce snapshot period.
• Federal contractors with 50-99 employees are not required to report Component 2 compensation data.
• Federal contractors with 1-49 employees, and other private employers with 1-99 employees, are not required to file either EEO-1 Component 1 data or Component 2 data.

The submission of Component 2 data was initiated during the Obama administration. However, under the Trump administration, the Office of Management and Budget blocked the EEOC from requiring employers to submit any compensation data. In March 2019, the D.C. District Court ordered the OMB stay to be vacated. 

ABC has been active in efforts to reverse the court’s decision or, at minimum, extend the time period for employers to comply with any new Component 2 pay data requirement. On May 3, the U.S. Department of Justice filed a notice of appeal of the court’s decision, but the outcome of the litigation is unclear at this time. The EEOC has since clarified that the appeal does not stay the district court orders or alter EEO-1 filers' obligations to submit Component 2 data, and EEO-1 filers should begin preparing to submit Component 2 data.