Court Revives EEO-1 Pay Data Requirement

You may remember that in September 2016, the U.S. Equal Employment Opportunity Commission announced it would begin collecting employee pay data from certain employers through a revised EEO-1 Report. Private employers, including federal contractors and subcontractors, with 100 or more employees were required to begin reporting in March 2018 summary pay data and aggregate hours worked data as part of their EEO-1 obligations. However, in September 2017, this controversial requirement was stayed by the U.S. Office of Management and Budget (OMB).

A federal court in Washington, D.C. recently revived the pay data requirement by vacating the stay via a lawsuit brought by the National Women’s Law Center and others. In the case of National Women’s Law Center v. OMB, the judge found that the OMB’s stay had been implemented improperly. Because of this decision, the pay data requirement has been reinstated.

The EEOC will officially open the 2018 EEO-1 survey on March 18, 2019, and the deadline to submit EEO-1 data has been extended until May 31, 2019. It is likely that the EEOC will issue some type of guidance in the coming days for employers to follow in light of this court’s decision on pay data. We will keep you updated on this developing issue.

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