It’s here and it’s real.  The written order memorializing Judge Chutkan’s oral Order setting the September 30, 2019 deadline for collection of employer pay data reveals these additional details:

  • EEOC is ordered to collect EEO-1 Component 2 pay data for calendar years 2017 and 2018
  • In lieu of collection of Component 2 data for calendar year 2017, EEOC may satisfy the court’s Order requiring two years of data by collecting EEO-1 Component 2 data for 2019 during the 2020 EEO-1 reporting period.
  • If EEOC determines chooses to collect EEO-1 Component 2 data for 2019 instead of 2017, it must notify the court and Plaintiffs of that decision by May 3, 2019.
  • EEOC must inform employers by April 29, 2019 via their EEOC’s website and publication in the Federal Register that 2018 Component 2 is due by September 30, 2019. It must report at that time if it has decided whether to collect 2017 or 2019 data in addition to 2018 data. If it has not, it must decide and inform employers by May 3, 2019 of its decision.
  • EEOC must file 3 week status updates with the Court on its progress of collection of 2018 Component 2 data beginning May 3, 2019.
  • The EEO-1 Component 2 data collection(s) will not be deemed complete, for the purpose of the Order, until the percentage of EEO-1 reporters that have submitted their required EEO-1 Component 2 reports equals or exceeds the mean percentage of EEO-1 reporters that actually submitted EEO-1 reports in each of the past four reporting years.
  • The Paperwork Reduction Act approval for the revised EEO-1 form including Component 2 pay data, OMB Control No. 3046- 0007, shall expire no later than April 5, 2021 – instead of the current September 30, 2019 expiration.

There is a lot to unpack here but the gist of it is EEOC needs  to collect 2018 pay data by September 30, 2019.  It also has to collect a second year of pay data.  It can decide whether it wants to collect either 2017 or 2019 pay data and must let employers know by May 3, 2019 which year they will be collecting.  Their obligation to collect both years of data will not be satisfied until a certain threshold of filers is achieved.  The authorization to collect the data is extended until April 2021 which would give the Agency the time to comply with the Order without the authorization to collect expiring.  EEOC must provide regular updates to the Court on the progress of the data collection.

We will continue to monitor this developing story and will provide additional information, including details of EEOC’s notices, as they become available next week.

Tags: EEO-1 Report Component 2, EEO-1 Reporting, EEOC, Equal Employment Opportunity Commission, pay data reporting
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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.

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