A Regulatory Burden for Small Businesses Re-instated by the
In 2017 the new Trump administration in itís effort to
reduce regulation removed a regulatory requirement put in
place by the Obama administration requiring employers to
submit pay and demographic reports to the
Employment Opportunity Commission (EEOC).
A court challenge
was mounted by the National Womenís Law Center (National
Women's Law Center, et al., v. Office of Management and
Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.)).
court ruled that the reporting requirement must be
By 30 September 2019 employers must submit their reports for
calendar year 2017 and 2018.
This data is to be submitted as Component 2 of the
EEO-1 form. The
report must be submitted at the EEO-1 Reporting Portal.
The regulation requires that employers with at lest 100
employees and federal contractors with 50 or more employees
to report how much the employers paid workers of different
sexes, races and ethnicities.
The collection of this data was adopted in an effort
to identify and root out gender- and race-based pay gap.
This action requires the
EEOC to accept and secure vast amounts of sensitive data
on millions of employees.
The EEOC stated that this is a burden it is not
equipped to deal with.
On May 3, 2019, the Department of Justice filed a Notice of