The Equal Employment Opportunity Commission (EEOC) has posted several new “Frequently Asked Questions” (FAQs) to its EEO-1 “Component 2” data online filing portal in an effort to answer questions not previously addressed. The majority of the new FAQs, as expected, pertain to company mergers, acquisitions, and spinoffs, and specifically what the reporting obligations are, if any, for companies that have been acquired since filing their 2017 and/or 2018 EEO-1 “Component 1” Reports, or for new “spinoff” companies that did not exist during the time frame(s) in question.
The FAQs, which are quite complex, confirm that in situations where, due to a merger, acquisition, or spinoff, the current company no longer has access to the Component 2 data from the acquired or former company, the current company will not have to file Component 2 data for the former company in question. In these cases, the EEOC states, “employers should note this in the comments box under the certification section in the Component 2 EEO-1 Online Filing System.”
The Component 2 online filing portal, along with the FAQs posted to date, can be accessed at https://eeoccomp2.norc.org. As a reminder, the EEO-1 Component 2 Reports, containing pay and hours-worked data for each establishment, must be filed and certified with the EEOC by September 30, 2019.
Members of the Center for Workplace Compliance (CWC) can read more here.