EEO-1 pay data requirement reinstated, stay rescinded
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Tuesday, May 7, 2019

EEO-1 pay data requirement reinstated, stay rescinded

By Payroll and Entitlements Editorial Staff

On April 29, the EEOC issued a notice in advance of publication in the Federal Register that it is immediately reinstating the Obama-era revised EEO-1 pay data collection and that it will collect the 2018 pay data by September 30, 2019. The federal agency expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July 2019, according to the Federal Register notice. The EEOC also posted a similar notice on its website.

Stay rescinded. The EEOC’s Federal Register notice also rescinds its September 15, 2017 (82 FR 43362) Federal Register notice announcing the stay of the Component 2 collection because this pay data collection has been reinstated by a federal district court in the District of Columbia.

Prepare for pay data submission. The EEOC said that EEO-1 filers should start preparing to submit Component 2 data (pay data) for calendar year 2018 by September 30, 2019, ‘‘in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management ’’ (D.D.C., No. 17-cv-2458).

The agency said it expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July 2019, and it will notify filers of the precise date on which the survey will open as soon as it is available. The EEOC also directed filers to continue to use the currently open EEO-1 portal to submit Component 1 data by May 31, 2019.

Additional pay data collection. As a result of the court vacating the OMB’s stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019. By May 3, 2019, the agency will submit for publication in the Federal Register an additional notice announcing its decision. (84 FR 13,383, May 1, 2019.)

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