Articles Discussing EEO-1 Reporting Under Title VII.

The Equal Employment Opportunity Commission (EEOC) recently announced a pair of major changes to the EEO-1 filing process. The most recent was on May 7, 2020, when the EEOC announced that due to the COVID-19 pandemic it was filing a notice in the Federal Register delaying collection of the 2019

EEOC has announced there will be no EEO-1 reporting obligation in 2020.

In a press release, EEOC acknowledged it

will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency.

As an update and a clarification to the below post we have learned from EEOC that there is not currently a deadline in place for submission of the 2019 EEO-1 reports.  In fact, EEOC currently does not have authority to collect 2019 EEO-1 Component 1 data.

Since the advent of

Although we are about a week from the current March 31, 2020 deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.

That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race

On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called “Component 2” information) for calendar years 2017 and 2018 completed, ending (at least for now) the federal government’s first-ever collection of pay data. Employers’ obligations with respect to filing calendar year 2019 demographic data remain unclear.

It seems the end has finally come for at least one part of the pay data reporting story. Today, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed. The closing of the portal signals the end of the required collection of pay data for 2017 and 2018 from eligible employers.

Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019).

Via Federal Register notice, OFCCP has officially stated the Agency

will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.

Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional filers to submit their reports.

Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC

In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.” The EEOC is reporting that, “as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.”

To the surprise of no one who’s been following this story, the Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019, that it would not renew its request for authorization from the Office of Management and Budget to collect EEO-1 Component 2 pay data after the current authorization expires.