As we blogged about here, a Washington, D.C., federal judge recently ordered the EEOC to reinstate the EEO-1 form's pay-data reporting provisions, which were suspended in 2017 by the Trump Administration. The judge required that the EEOC explain how it would implement her order by April 3.
Yesterday, the EEOC announced in a court filing "that it is able to undertake and close the collection of 2018 EEO-1 Component 2 [pay] data by September 30, 2019."
The judge overseeing the case will have the final word on this matter, but at this time it appears that employers will have to submit pay data by September 30, 2019. The controversial provisions require covered employers to report pay information by race, ethnicity, and sex. Employers should immediately begin to assess how they can technically prepare the pay data for the report while we await further guidance. Contractors should also review their EEO-1 classifications to make sure they are accurate.
In the meantime, employers' traditional EEO-1 data submissions ("Component 1") are still due by May 31, 2019.
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