Last month, we reported that a federal court in Washington D.C. lifted the government’s stay of the revised EEO-1 form that requires companies to submit summary wage data by race/ethnicity and gender. Following the court’s order, uncertainty loomed concerning whether employers would need to include the additional data by the current EEO-1 Report deadline of May 31.

Yesterday, the EEOC took the position that the pay component of the revised EEO-1 form is due September 30 of this year. (The pay component requires data from “one single payroll period” of the employer’s choosing between Oct. 1 and Dec. 31, 2018.)

We now await the response from Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia. In all likelihood, she will accept the EEOC’s proposal. Like you, we are on the edge of our seat . . . . More to come.