EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete. In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the EEOC’s collection to be complete.” As a reminder, EEOC’s previous motion requesting the permission to close the portal was denied. Instead Judge Chutkan ordered the agency to keep the portal open until at least January 2020 to allow for additional data collection. EEOC reports it is costing approximately $150,000 a week to maintain the site.

As of October 8, 2019, 75.9% of eligible filers had submitted the requested data. As of December 18, 2019, EEOC reported that 85.6% of eligible files have submitted the Component 2 data. EEOC calculates the average response rate for reporters who submitted EEO-1 data within the grace period (rather than at the deadline) in previous years is 84.5%. Thus, at this point EEOC is reporting that it has collected Component 2 data at a rate that exceeds the average EEO-1 response rate, taking into consideration additional time for submission, and believes therefore, the collection should be deemed complete.

EEOC’s filing indicated Plaintiffs in the matter oppose the motion.