Yesterday, the U.S. Equal Employment Opportunity Commission officially reinstated its employer pay data survey for employers covered by EEO-1 reporting requirements.
In a notice published in the Federal Register today, the EEOC made 4important announcements:
First, employers must submit EEO-1 Component 1 data by the extended deadline of May 31, 2019.
Second, the EEOC expects to begin collecting EEO-1 Component 2 pay data (pay and hours worked) based on gender, race, and ethnicity for calendar year 2018 in mid-July 2019 and will notify filers of the precise date the survey will open as soon as the survey is available.
Third, EEO-1 Component 2 data, for 2018 only, must be submitted through the expanded portal by September 30, 2019.
Fourth, the EEOC chose not to require reporting of 2017 pay data for now. However, a federal judge previously ordered the EEOC to collect Component 2 pay data for either 2017 or 2019 by 2020. The EEOC reports it will post its decision about the additional data collection requirements by May 3, 2019.
These changes come in response to a March 4 order from a federal judge holding the Office of Management and Budget was wrong to pause the EEOC's controversial pay data collection provisions and ordered the EEOC to reinstate their rules, which we blogged about here. Last week, a federal judge accepted the EEOC's proposal to make employers submit their 2018 pay data by gender, race, and ethnicity by September 30, 2019. This is consistent with the EEOC's proposal submitted on April 3, 2019, which we blogged about here.
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