One of the biggest outstanding questions about the recently reinstated pay data reporting obligation was whether employers will be required to provide more than one year of pay data during this reporting cycle. EEOC has made its decision. In an advance copy of a notice to be posted in the federal register May 3, EEOC puts employers on notice that it will seek to collect data for 2017 in addition to 2018.

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available.

Judge Tanya Chutkan gave EEOC the option to collect 2017 and 2018 data during the 2019 reporting cycle, or to collect 2018 data this year and 2019 data by March 31, 2019.

This is a developing story. Additional updates with be forthcoming.