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EEOC Provides New Guidance on EEO-1 Pay Data Reporting

The Equal Employment Opportunity Commission (EEOC) has updated its guidance for how to submit EEO-1 Component 2 compensation data for fiscal years 2017 and 2018. The EEOC's web-based system to submit this information will be available July 15, 2019, and employers have until September 30, 2019 to do so, under a deadline set by a federal judge's ruling in April.

Data System Security Info and File Specifications Added to EEO-1 Pay Data Reporting Website

As July 15th draws closer, EEOC and NORC are ramping up for opening of the EEO-1 Component 2 Pay Data reporting portal.

EEOC Has Released EEO-1 Component 2 Upload File Specifications

The U.S. Equal Employment Opportunity Commission (EEOC) has released its Upload File Specifications for the 2017 and 2018 EEO-1 Component 2 reports. Given the number of data items required in the Component 2 reporting, the EEOC has designed a narrower file layout with the goal of making it easier for filers to create upload files. Employers will still have the option to enter data manually into an online form.

State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as Case Studies

In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission before commencing an action in court is not jurisdictional. For federal court filings, this means that employers may want to make sure to raise the defense that an employee failed to exhaust administrative remedies on his or her Title VII claims at the time it answers the complaint and may also want to consider filing a motion to dismiss. Although this decision has clear implications for Title VII actions, it also may affect the litigation of employment discrimination and retaliation claims under state law, such as claims filed with the Massachusetts Commission Against Discrimination (MCAD) pursuant to M.G. L. Ch. 151B and with the Rhode Island Commission for Human Rights (RICHR) under Rhode Island’s State Fair Employment Practices Act (FEPA).

Additional Insights on the New Updated EEO-1 Component 2 Pay Data Materials

As we previously reported, on July 2, EEOC updated the its newly created website with long-awaited materials regarding the obligation of employers with 100 or more employees (or contractors with 50 or more employees) to submit pay data and hours worked data as part of the annual EEO-1 reporting obligations.

EEOC Provides Guidance on EEO-1 Component 2 Filing

On July 1, 2019, the Equal Employment Opportunity Commission (EEOC) updated the Component 2 filing site with answers to frequently asked questions (FAQs) and other materials to assist filers with the submission of Component 2 data. Here are a few highlights from the new materials.

EEOC Provides Additional Guidance on EEO-1 Component 2 Information

Now that the 2018 EEO-1 Component 1 filing deadline has passed, employers have been anxiously awaiting additional information on the requirements for filing 2017 and 2018 Component 2 compensation data due September 30, 2019.1

EEO-1 Pay Data Alert: EEOC Adds Materials and FAQ Answers to Website

As we approach the July 15 date on which EEOC expects to open the portal to file EEO-1 Component 2 pay data reports, EEOC has at long last provided us with guidance materials: https://eeoccomp2.norc.org/faq.html.

Title VII Discrimination Claims Can Go Straight To Federal Court Rules Supreme Court

On Monday, June 3, the U.S. Supreme Court unanimously ruled federal courts can hear discrimination claims under Title VII of the Civil Rights Act even if they are not first brought to the U.S. Equal Employment Opportunity Commission (EEOC) or comparable state agency.

EEOC On Schedule to Open Component 2 Reporting July 15, 2019

In its most recent status update, filed with the court as ordered by Judge Tanya S. Chutkan, EEOC is reporting it and NORC are on schedule to open the EEO-1 Component 2 pay data reporting tool on July 15, 2019.