As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018 and pay data from either 2017 or 2019. On May 1, 2019, the EEOC chose to collect 2017 pay data in addition to the 2018 pay data collection previously announced. According to the EEOC, employers must file this data by September 30, 2019. The announcement regarding 2017 pay data is expected to be published in the Federal Register on May 3, 2019.
Practically speaking, the EEOC's announcement means that employers will need to gather 2017 and 2018 pay data for filing. The EEOC stated that it expects to begin collecting the 2017 and 2018 Component 2 data in mid-July 2019. As of this writing, the EEOC had not yet notified filers of the precise date the Component 2 data survey will open.
The EEOC also shortened the length of EEO-1 Component 1 filing extensions. Previously, employers were allowed to request a single 30-day extension for filing Component 1 information, which is due by May 31, 2019. On May 1, 2019, the EEO-1 website was updated to show that employers may now only request a single 14-day extension of the 2018 EEO-1 report deadline to June 14, 2019. According to the EEO-1 website, companies requesting an extension beyond two-weeks must summarize the issue the company is experiencing and communicate with the Employer Data Team.
There is still the potential that an appeal could delay or stop the September 30, 2019, pay data collection requirement.
Ogletree Deakins' Affirmative Action and OFCCP Compliance Practice Group will report on any further developments with regard to employers' reporting requirements on the firm's Affirmative Action/OFCCP blog.
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