Although we are about a week from what has historically been the annual deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.

That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race or gender data.  On Friday, however, EEOC filed another request for approval with the Office of Management and Budget that, in a bit of housekeeping, seeks a new “control number” that unties the Component 1 data from the prior control number that also authorized collection of Component 2 pay data.  In September 2019, EEOC requested approval to collect Component 1 data under the prior control number, and announced that it would not seek to collect Component 2 pay data.

Aside from the housekeeping effort, EEOC also says that if, in the future, it seeks to again collect pay data, it will provide advance notice and allow for public comment.  In its notice, EEOC says:

Based on the Commission’s evaluation of the public comments…and the agency’s own burden calculations, and because the PRA requires an agency to demonstrate that the practical utility of the information collection outweighs the burden of the collection, the Commission cannot justify continuing to collect Component 2 data.

The EEOC believes that there should be a transparent and open process, aligning with the recommendations in the EEOC-commissioned 2012 study from the National Academy of Sciences (NAS), entitled “Collecting Compensation Data from Employers,” (NAS Study), that the EEOC:

  1. Develops a plan for using pay data before initiating any data collection. Clearly articulating the ultimate uses of the data will help determine both which data elements need to be collected as well as the best approach to collecting the data to ensure the validity, reliability, and utility of the data collected.
  2. Initiates a scientifically sound pilot study to test the pay data collection instrument and the plan for the use of the data; and
  3. Uses a definition of compensation that is measurable, collectable, and meaningful.

The public will have 30 days to comment on EEOC’s request for approval to collect Component 1 data, which also means that employers and federal contractors will not be able to file 2019 EEO-1 reports for at least another 30 days…and probably more.

Please stay tuned and we’ll let you know as soon as we hear anything about a new deadline.

Tags: 2019 EEO-1 report, EEO-1 Component 1, EEO-1 Reporting Portal, EEOC, Equal Employment Opportunity Commission, NAS Study, National Academy of Sciences, pay data reporting, Race and Gender reporting, U.S. Equal Employment Opportunity Commission
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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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