EEO-1 comp data is due Sept. 30 (UPDATED)

The last chapter, subject to the government's right to appeal.

Today Judge Tanya Chutkan reportedly issued her order in National Women's Law Center v. Office of Management and Budget (the EEO-1 compensation data case).

(I say "reportedly" because today's order is not yet available for viewing. I assume it's on the way, and I will add a link to this post when the order is issued. The news came from Bloomberg Law, which also does not include a link to the order.)

UPDATE (4/26/19): The Order was released late last night. Details below.

The judge reportedly accepted the deadline proposed by the Equal Employment Opportunity Commission of September 30, 2019, to collect compensation data for calendar year 2018.

UPDATE (4/26/19). The provisions of the Order of most interest to employers are as follows:

  • The September 30 date is indeed the deadline for "Component 2" (compensation) reporting.
  • In addition to collecting compensation data for calendar year 2018, the EEOC will be required to do so for either 2017 or 2019. The EEOC can choose whether to require 2017 or 2019 data, and must do so by May 3 (next Friday). If the EEOC chooses 2019 data, then that data will not have to be reported by employers until the 2019 EEO-1 reporting deadline of March 31, 2020. (Which makes me think the EEOC will opt for 2019 data.)
  • The period for collection of compensation data was to expire on September 30, 2019. But the court has ruled that the period was "tolled" (not in effect) while the OMB stay was in place (553 days). Thus, the period during which the EEOC must require compensation data will not expire until April 5, 2021, "barring further interruptions of the approval or extensions."
  • The EEOC is required to post on its website and by April 29 (this Monday) that employers will be required to report their 2018 compensation data by September 30, 2019. If it has decided by then whether it will require 2017 or 2019 compensation data as well, then it must include that information. Otherwise, the EEOC has until May 3 (next Friday) to notify employers what it will do. The "April 29 information" and, if applicable, the "May 3 information" must also be submitted for publication in the Federal Register.
  • The EEOC must provide periodic notifications to the plaintiffs and to the court about its progress.

For the background on the EEO-1 compensation data controversy, please see my previous posts here, here, here, and here.

The government could still appeal, so we will continue to follow.

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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