Labor & Employment Law Daily EEOC must clarify EEO-1 pay data reporting status by April 3
Friday, March 22, 2019

EEOC must clarify EEO-1 pay data reporting status by April 3

By Pamela Wolf, J.D.

The EEOC reportedly has until April 3 to clarify whether pay data information will be required in this year’s EEO-1 report.

SHRM has reported that the Office of Management and Budget has until April 3 to tell employers whether companies will have to report pay data in this year’s EEO-1 reports, as mandated under a March 19 court ruling by a federal court in the District of Columbia.

The EEO-1 Survey opened on March 18, 2019, and currently is receiving only 2018 Component 1 data so far. The window for submitting that data will close on May 31, 2019.

OMB stay vacated. Earlier, on March 4, 2019, in National Women’s Law Center v. Office of Management and Budget, the federal district court in D.C. declared that OMB’s stay of the EEOC’s pay data collection was “illegal.” The court found that the OMB’s deficiencies were substantial and that it was unlikely that the government could justify its decision on remand.

Vacating the stay, the court granted summary judgment to the plaintiffs in the lawsuit and ordered that the previous approval of the EEOC’s revised EEO-1 form “shall be in effect.”

Waiting for more info. The EEOC did not provide any information to the public as to whether employers will be required to submit the pay data required in the second component of the EEO-1 report as finalized under the Obama Administration until the agency said, in a statement on March 18, that it is “working diligently on next steps” in the aftermath of the court order vacating the OMB’s earlier stay on the collection of Component 2 EEO-1 pay data.

As to pay data information required in the Obama-era EEO-1 collection, the EEOC said that it will provide further information “as soon as possible.”

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