Federal Judge Orders EEOC to Provide Update on Pay Data Collection by April 3

The EEO-1 Report Survey officially opened on Monday, March 18, 2019 allowing employers to only submit the race, gender, ethnicity of their employees by EEO category (Component 1). EEOC in a statement issued on Monday morning said that it was only seeking Component 1, but that it was “working diligently on next steps in the wake of the court’s order in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), which vacated the OMB stay on collection of Component 2 EEO-1 pay data. The EEOC will provide further information as soon as possible.”

In response to EEOC’s failure to require employers to submit pay data, US District Court Judge Tanya S. Chutkan on Tuesday, March 19, 2019 ordered the agency to inform employers of its timeline for collecting Component 2 data by April 3, 2019.  By that date, the EEOC is to let employers know if the data will be required before the May 31, 2019 deadline and provide guidance on how to submit the information. Component 2 to the EEO-1 Report would collect W-2 pay data and hours worked from all employers with 100 or more employees in 12 pay bands by EEO Category.