Update on EEO-1 Pay Data Collection

As we previously wrote, a federal lawsuit has resulted in the reinstatement of the U.S. Equal Employment Opportunity Commission’s collection of employee pay data from certain employers through a revised EEO-1 Report. This controversial requirement, which had been stayed, has been reinstituted by the court hearing the case of National Women’s Law Center v. OMB. This week, the court gave the EEOC until September 30 to complete collection of this data. As such, the EEOC has posted the following information on its website for employers:

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

As a result of the court vacating the Office of Management and Budget’s stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019, and will post an additional notice by May 3, 2019, announcing its decision.

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