The Equal Employment Opportunity Commission projects it will issue a proposed rule in January 2025 regarding the collection of pay data from employers. Under current law, private employers with 100 or more employees and federal contractors with 50 or more employees must submit data on employees’ gender, race and ethnicity annually to EEOC (EEO-1 Component 1 Data).
In 2016, the Obama Administration required employers to provide an expanded set of pay data – specifically, data on the amount of employees’ pay and hours worked (EEO-1 Component 2 Data). Under court order, EEOC, under the Trump Administration, collected these data for calendar years 2017 and 2018, but subsequently decided not to seek renewal from the Office of Management and Budget of its authority to collect these data. It is expected that EEOC, if President Biden is re-elected, will seek to reinstate a data collection similar to the Component 2 Data collection.