The past few weeks have seen a flow of new developments involving the recently reinstated EEO-1 pay data reporting obligations.  And Friday, May 3rd, was no exception.  At the same time EEOC was announcing its decision to collect pay data for 2017 as well as 2018, the Office of Management and Budget (OMB) was filing a Notice of Appeal of Judge Tanya S. Chutkan’s Order reinstating the pay data reporting obligation.

EEOC has, however, posted a notice on its website taking the position the Notice of Appeal does not impact employers’ EEO-1 pay data reporting requirement, stating the following:

On May 3, 2019, the Department of Justice filed a Notice of Appeal in National Women’s Law Center.  The filing of this Notice of Appeal does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data. EEO-1 filers should begin preparing to submit Component 2 data as described above.

In addition to posting the updated notice on its website, EEOC also filed the first of its required status reports with the Court.  The first of Defendant EEOC’s Report of Steps to Implement the EEO-1 Component 2 Data Collection, filed on May 3, 2019, details, among other things, the initial steps it has taken to comply with the Court’s Order to collect Component 2 (pay data) of the EEO-1 report by September 30, 2019.

As of Friday, EEOC reported it has selected a third party vendor, NORC at the University of Chicago, to develop the reporting tool and detailed how it will work with NORC in the coming weeks.  As part of these efforts, EEOC indicated:

[i]n the next three weeks, the EEOC plans to oversee preparation and planning for the launch
of the NORC email and phone helpdesk to assist filers with questions and concerns about the
collection of Component 2 data for 2017 and 2018. The EEOC anticipates that the helpdesk will
launch sometime in the next three weeks.

EEOC also notified the Court that the long-awaited confirmation of EEOC Commissioner Janet Dhillon may occur as early as next week.  Her nomination has been pending since June 2017.  With Dhillon’s confirmation, EEOC would finally have a quorum with three confirmed Commissioners – Acting Chair Victoria Lipnic and Charlotte Burrows.  Though two vacant seats would still remain.

We will continue to monitor this matter and will provide any updates as they become available.

Tags: EEO-1, EEO-1 Component 2, EEO-1 Pay Data Reporting, EEOC, EEOC Commission, EEOC Commissioner Charlotte Burrows, EEOC Commissioner Victoria Lipnic, Equal Employment Opportunity Commission, Janet Dhillon, Judge Tanya S. Chutkan, NORC at the University of Chicago, NORC Helpdesk, Notice of Appeal, Office of Management and Budget, OMB
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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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