Employers have until September 30 to turn over 2018 pay data to the EEOC according to an Order issued by a federal judge on April 25. The EEOC announced that it will begin collecting pay data in mid-July.
Does This Include My Company?
Generally, employers and federal contractors with 100 or more employees who are subject to Title VII will be required to file Component 2 pay data. Covered federal contractors with 50-99 employees are required to submit Component 1 data, but not Component 2 data.
Background
As discussed in previous news digest articles, on March 4, a federal court ordered the reinstatement of Component 2 pay data collection in the EEO-1 survey. On April 16, the Court held a hearing on issues surrounding how and when the EEOC would collect the pay data. On April 25, the Court issued a written Order.
April 25 Order
Pursuant to the Court’s April 25 Order, the EEOC issued the following statement on its website on April 29:
Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection
EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court's recent decision in National Women's Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.
As a result of the court vacating the Office of Management and Budget's stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019, and will post an additional notice by May 3, 2019, announcing its decision.
If the EEOC selects 2017 data, it will be due by September 30, 2019, along with the 2018 data. If the EEOC chooses to collect 2019 data, it will be due in Spring 2020. We will keep you updated on the EEOC’s decision.
If you have not already started preparing to submit Component 2 pay data for 2018, start now! Note that Component 1 data for 2018 is still due by May 31, 2019.