All private-sector employers with 100 or more employees are required to file an Equal Employment Opportunity Standard Form 100, also known as an EEO-1, with the U.S. Equal Employment Opportunity Commission (EEOC) annually. After delaying the collection of the 2019 EEO-1 Component 1 in light of the COVID-19 public health emergency, the EEOC recently announced that collections will resume in 2021.
For eligible private sector employers, collection of 2019 and 2020 EEO-1 Component 1 reports will open in April 2021. The EEOC has not yet announced the precise opening dates and new submission deadlines, but stated that those dates will be announced on the EEOC’s home page at http://www.eeoc.gov and on the EEOC’s EEO data collection webpage at https://EEOCdata.org. The EEOC also stated that it would send a notification letter to eligible filers.
Further, the Department of Fair Employment and Housing (DFEH) recently issued a California Pay Data Reporting Portal User Guide (User Guide) to assist California employers to comply with SB 973, the state’s new law requiring employers with 100 or more employees, and subject to federal EEO-1 reporting, to report certain pay data information to the DFEH by March 31, 2021. The User Guide contains specific information for employers on the basic structure and required content of the report, how to navigate the pay data reporting portal, and how to submit the pay data report. The User Guide also contains templates and samples. Employers should review and reference the User Guide as they prepare and plan to submit their pay data reports by the March 31, 2021 deadline to confirm that they are complying fully with the new law.
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Additional information about SB 973 is available in the Liebert Cassidy Whitmore article, SB 973 – Authorizes The DFEH To Investigate And Prosecute Complaints Alleging Discriminatory Wage Rate Practices And Requires Employers With 100 Or More Employees To Submit An Annual Pay Data Report To The DFEH.