On November 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a notice of its Intention Not to Request, Accept, or Use Employer Information Report (EEO-1) Component 2 Data.  See 84 Fed. Reg. 64932 (Nov. 25, 2019).  In the notice, OFCCP stated it “will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.”

Previously, the Equal Employment Opportunity Commission (EEOC) gave notice of its intention not to submit to the Office of Management and Budget (OMB) a request to renew Component 2.  See 84 Fed. Reg. 48138 (Sept. 12, 2019).  The OFCCP and the EEOC both collect workforce data through the EEO-1 report under the Joint Reporting Committee.  The OFCCP’s and the EEOC’s authority derive from Executive Order 11246 and Title VII, respectively.

The Component 2 data collection has had a rocky history, with the collection first being required under the Obama Administration followed by an unsuccessful attempt by the Trump Administration to stop the collection through the OMB’s issuance of a stay.  In 2019, a D.C. federal court determined that “OMB’s stay of EEOC’s pay data collection was illegal” and ordered the reinstatement of Component 2 pay data collection in the EEO-1 survey.  National Women's Law Center, et al. v. Office of Management and Budget, et al. (March 4, 2019).   

Though Component 2 pay data was indeed collected earlier this year in compliance with the court order, the EEOC and OFCCP have now made clear that Component 2 will not be a part of the data collection in the near future.