COVID-19 crisis prompts EEO-1 reporting delay

As employers focus their attention to returning employees to work, the Equal Employment Opportunity Commission (EEOC) announced some news that takes at least one annual task off the to-do list for awhile. 

Delay in EEO-1 report

The EEOC announced in the Federal Register on May 7, 2020, that due to the COVID-19 pandemic it will delay collection of the 2019 EEO-1 report scheduled for filing in 2020. Further, the EEOC requested approval to collect both 2019 and 2020 EEO-1 data beginning in the first quarter of 2021. Once the expected approval is granted by the Office of Management and Budget, the EEOC’s announcement means that employers will not be required to submit their 2019 EEO-1 data during 2020.

No pay data collection

In addition, after the EEOC’s push to collect wage information in late 2019 and early 2020, the EEOC announced on March 23, 2020, that it will end collection of Component 2 EEO-1 pay data. The EEOC’s notice in the Federal Register states its plan to collect only traditional EEO-1 data on sex, race and ethnicity data over the next three years. EEOC’s decision to end the Component 2 pay data collection was based on the determination that the burden of data collection on employers outweighed the usefulness of the data as an analytical tool. This conclusion comes as no surprise to employers who had to complete the cumbersome form.

Other obligations continue

For federal government contractors, some reporting obligations may remain, however. The Veterans’ Employment & Training Service has not yet indicated whether the 2020 VETS-4212 will be due on Sept. 30, 2020. In addition, the OFCCP continues to send notices for focused Section 503 and VEVRAA reviews that will occur over the coming months. As a result, it is important for federal government contractors to maintain affirmative action compliance efforts even during the pandemic.

As the impact of the COVID-19 crisis continues to unfold, the McDonald Hopkins Employment Law Team will continue to keep employers updated on announcements regarding new or delayed reporting requirements.

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