On April 25, 2019, Judge Tanya Chutkan issued an order in National Women’s Law Center, et al. v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), requiring employers to submit Component 2 of the EEO-1 form (pay data) by September 30, 2019. The order also requires the U.S. Equal Employment Opportunity Commission (EEOC) to take necessary steps to facilitate and complete this data collection. For example:
- The EEOC must collect EEO-1 Component 2 pay data from employers for calendar years 2017 and 2018, or exercise the option to collect this data for 2018 and 2019 instead.
- The EEOC must alert filers if it has decided by April 29, 2019 whether to collect 2017 or 2019 data.
- If the EEOC has not decided by April 29, 2019 whether to collect 2017 or 2019 data, then it must issue a statement of its decision on its website and submit the same for publication in the Federal Register by May 3, 2019.
- At minimum, on April 29, 2019, the EEOC must issue a statement on its website and submit the same for publication in the Federal Register notifying EEO-1 filers that they will be submitting 2018 Component 2 data collection for calendar year 2018 no later than September 30, 2019.
- The revised EEO-1 form including Component 2 pay data will expire no later than April 5, 2021, barring further interruptions of the approval or extensions.
The order took effect on April 25, 2019; however, the government may appeal the case.
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