Florida employers with more than 100 employees are required to file pay data for 2017 and 2018 with the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. Technically known as “EEO-1 Component 2” data, it is now required nationally for qualifying EEO-1 filers.
The EEO-1 report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category. Data for full and part-time workers must be included.
Pay bands used in the Component 2 reporting are consistent with the existing EEO-1 job categories listed below.
- Executive/senior level officials and managers
- First/mid-level officials and managers
- Sales workers
- Administrative support workers
- Craft workers
- Laborers and helpers
- Service workers
In addition to pay disclosure data, employers will also report sex and ethnicity or race of the employees.
Pay disclosure data is being collected on behalf of the EEOC by NORC at the University of Chicago, a non-partisan and objective research organization that works with governments, non-profits, and businesses.
An estimated 70,000 private employers nationwide covering 54 million workers are expected to be subject to the ruling, according to an August 20, 2019 Wall Street Journal article titled, “Deadline Looms for Pay Disclosures.”
Information on the pay disclosure filing requirements was mailed to qualifying employers via the U.S. Postal Service and/or sent via email.
Background on Pay Disclosure Data Collection
The EEOC first considered ways to address pay discrimination in 2010. Following an interagency review, the EEOC published a notice in the Federal Register on February 1, 2016 announcing its plan to pursue OMB approval for a three-year data collection effort through the use of a revised EEO-1 report.
Implementation was delayed as a result of lawsuits. This changed earlier in 2019, however, when the U.S. District Court for the District of Columbia ruled in favor of the EEOC action in the case National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.).
Summary salary data will be taken from reported W-2 tax filings. Since data will be aggregated, individual salary or pay data will not be disclosed to the EEOC. Every EEO-1 job category will be broken into multiple pay bands for reporting purposes.
All companies that meet the following criteria are required to file the EEO-1 report annually:
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.
Establishments that are outside of the United States or the District of Columbia do not need to be reported.
One EEO-1 data record must be filed by each qualifying “single-establishment” company that conducts business at only one physical address. “Multi-establishment” companies that operate from two or more physical addresses have more complex filing requirement based on the number of locations and associated employee counts.
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