Labor & Employment Law Daily EEOC will begin collecting EEO-1 2018 pay data in mid-July
Tuesday, April 30, 2019

EEOC will begin collecting EEO-1 2018 pay data in mid-July

By Pamela Wolf, J.D.

In compliance with a court order, the EEOC has posted a notice on its website that filers should prepare to submit 2018 pay data by September 30, 2019, with collection to begin in mid-July.

As required by the District of Columbia federal court, which vacated the Office of Management and Budget’s stay of the Obama-era revised EEO-1 report’s pay data collection, the EEOC has posted on its website a notice that “EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019.”

Revised EEO-1 pay data stayed. On September 29, 2016, the EEOC announced that the first deadline for the 2017 EEO-1 Report, which would have, for the first time, added the collection of summary pay data from employers with more than 100 employees, was slated for March 31, 2018. But on August 29, 2017, the Office of Management and Budget issued an immediate stay of the of the pay data collection aspects of the EEO-1 form.

Pay data collection reinstated. The OMB’s move prompted a lawsuit. On March 4, 2019, in National Women’s Law Center v. Office of Management and Budget, the district court declared that the OMB’s stay of the EEOC’s pay data collection was “illegal.” The court found that the OMB’s deficiencies for halting the Obama-era requirement were substantial and that it was unlikely 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 EE0-1 form “shall be in effect.”

But when? Much confusion followed the court’s ruling, especially when the EEOC failed to provide any information to stakeholders as to how and when, exactly, the reinstated pay data collection would commence.

After substantial wrangling between the parties over the feasibility and logistics of collecting two years of the now-reinstated data collection, the court ruled on April 25 that the EEOC must collect the 2018 pay data by September 30, 2019, and that by April 29, it must post on its website a notice that EEO-1 filers to start preparing to submit that data (see Court sets deadline for EEO-1 2018 pay data collection at September 30, April 26, 2019).

The current EEO-1 survey, which is collecting only Component 1 data on race, ethnicity, sex, and job category, closes on May 31, 2019.

The court also gave the EEOC the option of collecting pay data for 2019 instead of 2017, to be reported in the 2020 EEO-1 survey, with its decision to do so announced no later than May 3. This alternative would fulfill the court’s requirement that the EEOC collect two years of pay data (Component 2).

Collection to begin mid-July. The federal agency said that it expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July 2019. The EEOC intends to notify filers of the precise date that the survey will open as soon as it is available.

The EEOC also said that filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

2017 or 2019 data. The EEOC’s notice further advised that the agency will also collect Component 2 data for either calendar year 2017 or calendar year 2019, and will post an additional notice by May 3, 2019, announcing its decision.

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