Last month Kairos reported the U.S. District Court for the District of Columbia vacated the 2017 stay which delayed the implementation of EEOC’s pay data collection and indicated “the previous approval of the revised EEO-1 form shall be in effect.” At that time, Judge Tanya S. Chutkan issued a deadline to EEOC to inform employers whether submission of employer pay data would be forthcoming. See Mem. Op. at 40-41, ECF No. 45 (Mar. 4, 2019). EEOC met the court’s April 3 deadline, confirming they are “able to undertake and close the collection of 2018 EEO-1 Component 2 data by September 30, 2019.” See Case 1:17-cv-02458-TSC Document 54 Filed 04/03/19.
Component 1 Data Due May 31, 2019
The 2018 EEO-1 portal is now open to file your Component 1 Data. This is the standard report filed annually which currently does not require Component 2 EEO-1 pay data. The window for filing is March 18 – May 31, 2019.
The contact listed on the prior year’s report should have received an email last week from the Joint Reporting Committee with information to obtain this year’s password. If your EEO-1 contact person has changed, you must submit a letter on company letterhead signed by an authorized company representative, indicating the EEO-1 company number, new contact’s name, title, phone number and email address to the Employer Data Team at email@example.com. We recommend you do this as soon as possible to avoid unnecessary delays in the submission process.
Component 2 Data Pay Data Due September 30, 2019?
IF EEOC can meet their self-imposed deadline, pay data will be due September 30, 2019. It’s important to note that EEOC will use a contractor to collect compensation data from employers separate from the traditional EEO-1 Report – EEOC’s reporting system is not currently structured to handle the additional data. The plaintiffs have until April 8 to respond to the EEOC’s stated plans for pay data collection. Numerous employer organizations, including the U.S. Chamber of Commerce, have submitted friend-of-the-court briefs asserting that any pay data collection should occur in 12-18 months, at the earliest.
Kairos will continue to provide Component 2 filing information as it becomes available.