In a status update filed April 3, 2019, the government informed the court that EEOC could complete collection of the required EEO-1 Component 2 pay data by September 30, 2019, but only if it utilized a third party data collector to do so.
Articles Discussing EEO-1 Reporting Under Title VII.
EEOC Provides Update on EEO-1 Pay Data Reporting Plans
September 30, 2019, is the earliest the Equal Employment Opportunity Commission (EEOC) could collect pay data from employers in the EEO-1 report, the agency advised the federal district court in the District of Columbia on April 3, 2019. National Women’s Law Center et al. v. Office of Management and Budget et al., No. 17-2458.
EEOC Files Plan to Require EEO-1 Compensation Data Reporting by September 30, 2019
In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the court’s ruling on its present timeline, stating that it would be able to comply on an extended timeframe.
UPDATE: EEOC Has Until April 3 to Advise About Pay Data Reporting
In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th and runs through May 31 – at least currently.
EEOC Opens Portal for 2018 EEO-1 Reporting and Must Provide Guidance on Pay Data Reporting by April 3
The U.S. District Court hearing the EEO-1 pay data reporting case has ordered EEOC to inform employers by April 3, 2019, whether they will be required to provide pay and hours worked data for the 2018 EEO-1 reporting cycle. The current deadline for 2018 EEO-1 reporting is May 31, 2019.
EEOC Portal Opens for EEO-1 Filings With No Word on Employee Compensation
On March 18, 2019, the EEO-1 filing portal opened, allowing employers with 100 or more employees and covered federal contractors with 50 or more employees to begin filing EEO-1 reports. This is consistent with the schedule set by the Equal Employment Opportunity Commission (EEOC) following the partial government shutdown in early 2019, which resulted in a postponement of the EEO-1 filing from March 31, 2019 until May 31, 2019.
EEOC’s Revised Pay Data Reporting Requirements Reinstated by Federal Judge
Executive Summary: On March 4, 2019, the U.S. District Court for the District of Columbia ruled to reinstate Obama-era revisions to the pay data reporting requirements established by the Equal Employment Opportunity Commission (EEOC), which effectively expand employers’ EEO-1 reporting requirements and obligate them to submit detailed employee pay data annually to the EEOC. This ruling will have important consequences for employers, and has raised understandable uncertainty and concern among the business community.
EEO-1 Pay Data Rule Back in Effect, Stay Lifted
On March 4, 2019, Judge Tanya Chutkan of the U.S. District Court, District of Columbia, ruled that the White House Office of Management and Budget (OMB) must lift a stay it imposed in August 2017, which prevented a new rule from going into effect requiring employers to report additional information regarding employee pay data. Specifically, the court vacated the OMB’s stay of the implementation of the Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report EEO-1 (EEO-1) form.
EEO-1 Pay Parity Data May Be Back
On March 4, 2019, the U.S. District Court for the District of Columbia surprised the employer community by vacating the White House Office of Management and Budget’s (OMB) stay of the revised EEO-1 form’s pay data reporting requirements. National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (D.C. Cir. Mar. 4, 2019). As a result, it appears the Equal Employment Opportunity Commission (EEOC) could begin requiring pay data on future EEO-1 forms, although much uncertainty remains.
Federal Judge Reinstates EEO-1 Pay Data Reporting Rule
Employers with 100 or more employees, and federal contractors with 50 or more employees, historically have been required to file annual Employer Information Reports (“EEO-1 Reports”) disclosing their number of employees by job category, race, and sex.
BREAKING NEWS: Judge Vacates Stay of EEO-1 Pay Data Reporting Tool
As Bloomberg Law first reported, the U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool. As a result, the court has vacated the 2017 stay and ordered
Federal Judge Reinstates EEOC Pay Data Collection, Effective Immediately
A U.S. District Judge for the District of Columbia vacated the Office of Management and Budget’s (OMB) stay of the Equal Employment Opportunity Commission’s (EEOC) revised EEO-1 form and the September 15, 2017, Federal Register Notice implementing the stay (Staying the Effectiveness of the EEO-1 Pay Data Collection, 82 Fed. Reg. 43362). Nat’l Women’s Law Ctr. et al. v. OMB et al., No. 17-2458 (D.D.C. Mar. 4, 2019). The court immediately restored the prior directives of the EEOC and OMB requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed information on their employees’ wages and hours, broken down by gender, race, and ethnicity.
EEOC Announces Extension of EEO-1 Opening, Filing Deadlines
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. The survey, which usually opens in early January, will now open in early March of this year. This one-time extension was occasioned by the recent partial shutdown of the federal government—the EEOC was one of the agencies shuttered by the 35-day closure, the longest in history.
EEO-1 Portal Closed, Reporting Deadline Uncertain
With the record partial government shutdown continuing and no end in sight, employers’ EEO-1 filing obligations appear to be on hold. Typically, by this time, employers that filed EEO-1 reports in the past should have received postcards from the Equal Employment Opportunity Commission (EEOC) reflecting company log-in information for the EEO-1 web portal. However, those postcards have not gone out, and the EEO-1 web portal is not accessible. Instead, attempts to log in redirect users to a general announcement about the EEOC’s operations during the government shutdown. That announcement provides information about charge intake, FOIA requests, and mediation, but it does not indicate the timeline or procedures for EEO-1 filing.
EEO-1 Reporting Deadline Still March 31
For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the Equal Employment Opportunity Commission (EEOC). The EEO-1 report provides the EEOC with data about the size, location, and race and gender demographics of an employer’s workforce. In 2017, due to proposed changes that would have required employers to also provide information on employee compensation and hours worked, the filing deadline for 2017 EEO-1 reports was changed to March 31, 2018. Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place.