March 22, 2019

Guidance on EEO-1 Component 2 Pay Data Anticipated by April 3

Employers should have guidance on the submission of information required on the new Component 2 of the Employer Information Report EEO-1 (EEO-1 Report) from the Equal Employment Opportunity Commission (EEOC) and the Office of Management and Budget (OMB) by April 3, according to a federal judge’s recent order.

As previously reported, the U.S. District Court for the District of Columbia issued a decision on March 4, 2019 lifting the OMB stay and ordering applicable employers to report their employees’ W-2 wage information and total hours worked by gender, race and ethnicity on Component 2 of the EEO-1 Report.

The EEOC, however, opened the EEO-1 online survey portal on March 18 to accept only Component 1 data through May 31. As for Component 2 pay data, the EEOC issued a statement noting it was “working diligently on next steps” in light of the court’s decision on the collection of pay data.

In response to the EEOC’s statement, the parties in the National Women’s Law Ctr. V. OMB, No. 17-2458 (D.D.C.) case had a status conference with the court, at the request of the plaintiff, to discuss the government’s compliance with the collection of the required pay data, which resulted in the judge’s order for the EEOC and OMB to provide necessary guidance.

We will continue to provide additional updates on your EEO-1 reporting obligations as the EEOC and court issues further guidance.

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