EEOC Issues Further Guidance on EEO-1 Component 2 Pay Data Collection 

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated the web-based portal for the reinstated collection of 2017 and 2018 EEO-1 Component 2 data with several resources to assist employers. Specifically, the EEOC provided a series of Frequently Asked Questions (“FAQs”) regarding the new requirements and a More Info Page. The More Info page provides additional resources such as a sample form, an instruction booklet, a user’s guide, a fact sheet, and reference documents.

This update follows the recent DC District Court decision ordering the EEOC to collect two years’ worth of worker pay data from applicable employers as part of the annual EEO-1 survey. The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, subcontract or purchase order amounting to $50,000 or more to file the EEO-1 report. The traditional EEO-1 report (“Component 1”) requires employers to tally employment data by race/ethnicity, gender and job categories. The reinstated “Component 2” of the report now requires employers to query their databases for W-2 pay data and FLSA hours worked information, even though individual pay data is not actually reported to the EEOC. Only employers with 100 or more employees will be required to submit Component 2, regardless of federal contract. The filing of the EEO-1 report is not voluntary and is required by federal law. 

The EEOC has contracted with NORC at the University of Chicago to collect the Component 2 data. The Component 2 EEO-1 Online Filing System for the submission of the Component 2 EEO-1 reports for 2017 and 2018 is expected to be active via the web-based portal on July 15, 2019. The EEOC has been notifying filers prior to the launch of the portal and system login information are expected to be sent via USPS letter and email on July 15, 2019.

In addition to information available on the portal, a HelpDesk is available to offer other support filers may need. The contact information for the helpdesk is as follows:

Toll Free: (877) 324-6214

The federal government has filed an appeal with the DC Circuit Court seeking to overturn the court order requiring the submission of pay data as part of the EEO-1 report. AGC has been involved in legal efforts to reverse the original DC District Court’s decision and will consider any opportunities made available during the appeals process. 

Recently, AGC provided a free WebEd for members —entitled “Critical EEO-1 Survey Reporting Requirements Update.” Playback for the WebEd can be found here.

For more information, contact Claiborne Guy at or (703) 837-5382.