May 03, 2019

Employers: Submit 2017 and 2018 EEO-1 Component 2 Pay Data by September 30, 2019

Employers that submit an annual Employer Information Report EEO-1 must submit 2017 and 2018 Component 2 pay data by September 30, 2019, according to a notice recently posted on the Equal Employment Opportunity Commission’s (EEOC) website and published in the Federal Register on May 3.

As previously reported, a federal judge in National Women’s Law Ctr. v. OMB, No. 17-2458 (D.D.C.) issued an order requiring employers to submit Component 2 pay data for 2018 by September 30. In addition, the EEOC was ordered to collect a second year of pay data, either for 2017 or 2019. On May 3, the Department of Justice (DOJ) filed a notice of appeal on behalf of the defendants, including the Office of Management and Budget (OMB) and the EEOC and its acting chair. The notice requests appeal of the Court’s recent orders (dated March 4, 2019 and April 25, 2019) to the U.S. Court of Appeals for the District of Columbia Circuit. Notably, the government has not yet filed a motion seeking to stay the Court’s recent order. 

The EEOC recently announced on its website that it will collect pay data for 2017 in addition to 2018 pay data by September 30, and it will start collecting the data in mid-July of 2019. The EEOC’s website also confirms that the recently filed notice of appeal does not stay the District Court’s orders reinstating the Component 2 pay data obligation and/or alter EEO-1 filers’ obligations in that regard. While the opening date for the survey is currently unknown, we will continue to issue updates and further guidance. Nonetheless, applicable employers should start assessing and gathering pay data for 2017 and 2018, and file Component 1 data by May 31.

This article was updated on May 7, 2019.

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