Labor & Employment Law Daily EEOC may continue to collect EEO-1 pay data for 2017 and 2018 beyond September 30
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Tuesday, October 1, 2019

EEOC may continue to collect EEO-1 pay data for 2017 and 2018 beyond September 30

By Pamela Wolf, J.D.

A court previously ordered that the data collection will not be complete until it equals or exceeds the mean percentage of EEO-1 reporters that actually submitted EEO-1 reports in each of the past four reporting years.

The EEOC has posted a notice on its website indicating that it will continue to collect EEO-1 Report pay data (Component 2) for 2017 and 2018, even beyond the current September 30 deadline. The notice likely reflects the agency’s failure to yet meet a collection level previously mandated by the federal district court in Washington, D.C., that had reinstated the Obama-era pay data collection after declaring that the Office of Management and Budget’s stay of the collection was “illegal.”

Continue collecting until target met. On September 27, the EEOC filed a status report with the court, in which the agency stated that “the collection will not be complete until it reaches what the Court has determined to be the target response rate,” according to the EEOC website notice. The agency said that it will “continue to accept Component 2 data for 2017 and 2018″ and encouraged all filers to submit their data ASAP.

In an April 25, 2019, order the court previously said: “EEO-1 Component 2 data collection(s) will not be deemed complete, for the purpose of this Order, until the percentage of EEO-1 reporters that have submitted their required EEO-1 Component 2 reports equals or exceeds the mean percentage of EEO-1 reporters that actually submitted EEO-1 reports in each of the past four reporting years.”

Efforts to meet the target. In its September 27 status report, the EEOC noted that as of September 25, 2019, 39.7 percent of eligible filers have completed submission of Component 2 EEO-1 data. The report also details efforts made by the contractor that is collecting the data, such as having begun September 18 to send reminder emails: to 863 filers who have started, but not yet completed the Component 2 EEO-1 Online Filing System registration; to 1,135 filers who have submitted reports, but have not certified either one or both years; to 2,438 filers who have registered, but not begun to report data; and to 858 filers with fewer than 300 employees who have only filed one year of Component 1 data.

In a footnote, the EEOC stated that it will incur about $1.5 million in additional contract-related costs to continue to collect Component 2 data for six more weeks after September 30, 2019.

The EEOC is apparently concerned that the court-mandated target will not be reached by September 30.

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