Don't HR Alone #49 - More than 100 Employees? You have work to do before 2018!

EEOC wants employers with 100 or more employees to submit wage info starting March 2018

The Equal Employment Opportunity Commission (EEOC) on Sept. 29 released an updated EEO-1 reporting form, which will require covered employers to provide employee pay data beginning in March 2018.

The controversial additions to the form are intended to improve EEOC investigations into pay discrimination based on gender, race and ethnicity.

"This is a significant development and marks the first time pay information will be reported on the EEO-1 filing," said Dara DeHaven, an attorney with Ogletree Deakins in Atlanta. "With access to this new data [set], the EEOC is sending a strong signal that it will increase its enforcement efforts."

Collecting the additional data will create significant administrative burdens for employers, said Mickey Silberman, an attorney with Jackson Lewis in Denver. He also said the data will be collected based on employee W-2 information, which won't provide an accurate comparison of employees' total compensation.

Covered Employers

With some exceptions, private employers with 100 or more employees and federal contractors with 50 or more employees must complete an EEO-1 report each year.

Covered employers already provide demographic information on the form regarding the gender, race and ethnicit