EEO-1 Report Changes; OFCCP/EEOC Merger?

By Angela Adams, CEBS, SPHR, Director, Human Resource Services
Published September 12, 2017

EEO-1 Report Changes
As we have discussed previously, there was talk that the new elements of the annual EEO-1 Report (hours worked and W-2 wage information) would be rescinded. That indeed has happened.

In late August, the Office of Information and Regulatory Affairs (OIRA) suspended these requirements, which would have gone into effect with the 2017 report, due March 31, 2018.

So now what happens? 

The EEO-1 Report is reverting to the format it was in for years – that is, employers must file reports for each of their establishments outlining their employees’ race and gender, by EEO-1 category. For this year at least, the report will be due by March 31, 2018, using payroll information from a pay period in the last quarter (October, November or December) of 2017. In previous years, the report was due September 30, using information from July, August or September. We are unsure if the report will revert to a due date of September 30 in future years. This rollback of the new requirements is certainly a welcome one for employers.

OFCCP Merging with EEOC?
Acting Office of Federal Contract Compliance Programs (OFCCP) Director Tom Dowd recently commented on the proposed merger of the OFCCP into the Equal Employment Opportunity Commission (EEOC). In a letter to The Institute for Workplace Equality, responding to its concerns about the proposal, Dowd outlined what would need to happen to complete this merger. It would include congressional amendments to some laws to transfer enforcement authority to the EEOC, approval of new enforcement regulations, and a reconciliation of enforcement methods between the two groups. Dowd pointed out that this is a long process that could be delayed beyond the government’s fiscal year 2019, which could negate any potential savings from combining them. 

In fact, just last week, the U.S. Senate Appropriations Committee rejected the merger proposal and told the OFCCP to instead find efficiencies and cost savings. The House of Representatives told the OFCCP to submit a progress report on reaching the budget reduction goals originally outlined, within 160 days. Given these mandates, most experts believe that the merger will never happen, even though budget discussions continue.

The Management Association will continue to keep employers informed on these issues. Members with questions should contact us at 800-448-4584 or



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