by | May 16, 2019

In light of the recent court decision overturning the Trump Administration’s stay of EEO-1 pay-data collection provisions, the EEOC has confirmed that it will also collect EEO-1 Component 2 pay data for calendar years 2017 and 2018, by September 30, 2019.  Employers should be prepared to submit their Component 2 data for both 2017 and 2018 on or before September 30.  The EEOC currently expects the portal to be available for employers to submit reports by mid-July 2019.  Notably, Component 1 data (the race/ethnicity and sex data traditionally required by the EEO-1 form) for 2018 must be submitted by Friday, May 31, 2019.  Employers can use the currently open 2018 EEO-1 portal to submit this data.  On May 8, 2019, the Department of Justice filed an appeal of the court’s ruling in National Women's Law Center, et al., v. Office of Management and Budget, et al. The EEOC has issued a statement clarifying that the latest court filing does not affect the district court orders or alter EEO-1 filers' obligations to submit Component 2 data by the September 30 deadline. If you have any questions about this requirement or whether it may apply to your business, please contact Baylor Evnen’s employment lawyers: Torrey GerdesSusan Foster or Christopher Schmidt.