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 U.S. Equal Employment Opportunity Commission as part of their annual EEO-1 form submission by Sept. 30, 2019.

According to the EEOC’s FAQs, 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. Additionally, 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. Information about the workforce snapshot period can be found in the FAQs.

On July 15, the EEOC opened the online portal for the collection of data on pay and hours worked (or Component 2 data) for calendar years 2017 and 2018. In addition to the online portal, a data file upload function and validation process is now available, which serves as an alternative data collection method for employers who prefer to utilize data file upload capability. Information regarding the data file upload function is available at https://eeoccomp2.norc.org.

The EEOC also recently added to the website additional resources for employers, including a sample data collection form, an instruction booklet for filers, upload file specifications, upload file validation process, a fact sheet, reference documents and a Frequently Asked Questions page.

Additionally, the website 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 [email protected].

NOTE:  The submission of Component 2 data was initiated during the Obama administration. However, under the Trump administration, OMB 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. Over the last few months, ABC has been active in efforts to reverse the court’s March decision or, at minimum, extend the time period for employers to comply with any new Component 2 pay data requirement.

This article is intended for informational purposes only and does not constitute legal advice or opinion.