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.
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
EEO-1 Component 1 Down… Component 2 Pay Data Up Next
The May 31, 2019, deadline for filing EEO-1 Component 1 race-and-gender data has come and gone. The portal for filing Component 1 data will remain open for several more months, however, and there are no fines or penalties for filing late.
Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for Employers
On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or equivalent state agency before going to court was procedural and not jurisdictional.
Supreme Court Affirms Title VII Administrative Exhaustion Defense Must Be Timely Raised
Executive Summary: In a much anticipated decision to settle a significant split between the federal appellate circuits, the Supreme Court held on Monday that Title VII’s requirement that a plaintiff file a charge of discrimination with the EEOC prior to filing suit in federal district court is a procedural, not jurisdictional, requirement “that must be timely raised to come into play.” See Fort Bend County, Texas v. Davis (June 3, 2019). Siding with the majority of federal appellate circuit courts, the Supreme Court found that “jurisdictional” prescriptions are usually reserved to determine the classes of cases the court can entertain, and over whom the court may exercise authority, while procedural prescriptions fall more in line with “claim-processing rules and other preconditions to relief.” Accordingly, the Court concluded that Title VII’s administrative exhaustion requirement, while mandatory, is merely procedural, and requires defendants to timely raise the defense or else waive it.
Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional
On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a lawsuit’s claim under Title VII. Rather, it is a non-jurisdictional mandatory claim-processing rule that is a precondition for relief. The practical result of this decision is that employers must now timely raise any defense of failure to exhaust administrative remedies, or face the risk that their defense will be waived.
EEOC Provides Update on EEO-1 Pay Data Reporting Portal and Helpdesk Development
As previewed last week, EEOC has provided additional details regarding the anticipated opening of the EEO-1 pay data reporting portal and helpdesk.
Snooze and Lose: Defendants Need to Raise Plaintiffs’ Failure to File Charge Early in Litigation
The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential, claim-processing rule that does not determine whether a court has subject-matter jurisdiction over the dispute, the U.S. Supreme Court has held in a unanimous ruling. Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019).
The EPL Insurance Advisor – May 2019
To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments.
EEO-1 Pay Data Deadline Reinstated
All private employers with a workforce of 100 or more who are subject to Title VII must now submit 2017 and 2018 pay data to the Equal Employment Opportunity Commission by September 30. The reinstatement results from a March 4 ruling by Washington, D.C., District Court Judge Tanya Chutkan in National Women’s Law Center v. Office of Management and Budget, Civ A. No. 17-cv-2458 (D.D.C.). Importantly, the “Component 2” pay data report is not limited to employers who are federal contractors. With the reinstatement of the revised EEO-1 report, subject employers now have two 2019 compliance deadlines: May 31 for the traditional EEO-1 report, including race/ethnicity and gender reporting in each of the 10 occupational categories, and September 30 for the wage and hour/pay data report. In addition to the information required by the traditional EEO-1 Report, the Component 2 report adds a reporting requirement of total annual hours worked for those same employees in each pay band and snapshot pay data within those 12 defined pay bands. The EEOC is prohibited by statute from publishing the employment data derived from the EEO-1 reports prior to the institution of any Title VII proceeding, other than as non-employer-specific aggregate data. As for the timing and logistics of the Component 2 report, the Commission released the following statement
Employee Earnings and Hours Data Due to EEOC by September 30, 2019
On April 25, 2019, in National Women’s Law Center, et al. v. Office of Management and Budget, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia ruled that the Equal Employment Opportunity Commission (EEOC) must immediately take all steps necessary to comply with its prior March 4, 2019 decision. That previous decision lifted a stay that the White House Office of Management and Budget (OMB) had imposed in August 2017, which prevented a new rule from going into effect requiring employers to report additional information regarding employee pay data using a revised Employer Information Report EEO-1 (EEO-1) form.
EEOC Pay Data Reporting Deadline Is Now September 30, 2019, But an Appeal Is Pending
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. In 2016, the Obama administration’s EEOC expanded the required EEO-1 reporting data to include pay and hours worked data. The intention of this expanded reporting requirement was to help the agency identify discriminatory pay gaps. Under this expanded rule, covered employers would have been required to submit the pay data by March 31, 2018.
An Update on EEO-1 Component-2 Pay Data Collection: A Workplace Policy Institute Briefing
On April 25, in National Women’s Law Center (NWLC) et al. v. Office of Management and Budget (OMB) et al., the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission (EEOC) to take immediate steps in preparing to collect EEO-1 “Component-2” compensation data for calendar year 2018 by September 30, 2019.
Despite Agency Appeal, Employers Required to Submit Component 2 Pay Data for Years 2017 and 2018 by September 30, 2019
Executive Summary: On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed that employers will be required to submit Component 2 pay data for years 2017 and 2018 to the EEOC by September 30, 2019. The announcement came on the heels of an April 25, 2019, judicial order mandating that employers submit Component 2 data for year 2018 by the same September 30, 2019, deadline, and requiring the EEOC to designate an additional year (either 2017 or 2019) for data collection. Then, hours after confirming that the 2017 data would be collected, the Department of Justice filed a notice of appeal of the March 4, 2019, and April 25, 2019, judicial orders to the United States Court of Appeals for the District of Columbia Circuit.
EEOC Announces Plans to Collect 2017 and 2018 Pay Data by September 30, 2019
On May 1, the EEOC announced plans to collect pay data for both calendar year 2017 and calendar year 2018 by September 30, 2019. A copy of the announcement scheduled to be published in the Federal Register on May 3 is available here.
EEOC to Require Employers to File 2017, 2018 Compensation Data by September 30, 2019
The U.S. Equal Employment Opportunity Commission (EEOC) will require covered employers to file EEO-1 compensation data for both calendar years 2017 and 2018 by September 30, 2019, the agency indicated in a notice sent on May 2, 2019 for publication in the Federal Register.