On April 25, a U.S. District Court in Washington, D.C. ruled that the EEOC must collect Component-2 wage/hours worked data from employers by September 30, 2019. The Court also ordered EEOC to collect two pay years (2018 and either 2017 or 2019). If the EEOC choses 2017 it will also be due on September 30. If it chooses 2019, that data will be due March 31, 2020. The EEOC has until May 3 to determine which additional year will be collected.

The bottom line is that employers who file EEO-1’s now have two deadlines: May 31 for the traditional race/ethnicity and gender snapshot, and September 30 for the new wage and hours worked report. More than 80,000 employers are required to file EEO-1s and most are not prepared for the new reporting requirement. Component-2 filing will not commence until mid-summer as EEOC’s data systems are not equipped to receive the massive wage/hours worked data submissions. Component 2 has 25 times the number of data fields of Component 1! In order to comply with the judicial order, EEOC now has to outsource the collection to a third party—and they are just beginning that process.