On May 1, the EEOC announced plans to collect pay data for both calendar year 2017 and calendar year 2018 by September 30, 2019. A copy of the announcement scheduled to be published in the Federal Register on May 3 is available here.

Given this development, a government appeal seems unlikely, but we will continue to monitor and will update in the event of an appeal.

What does this mean for employers? All employers with 100 or more employees must now collect and submit data for pay and hours worked (Component 2) in calendar year 2017 and calendar year 2018, by September 30, 2019. The EEOC expects to open the portal for submission of Component 2 data in mid-July 2019.

The filing deadline for EE0-1 Component 1 (demographic workforce) data remains May 31, 2019. Employers will submit the Component 1 data separately from the Component 2 data, as the deadline to submit Component 1 data will pass before the EEOC begins collecting Component 2 data and a third party vendor will be used for the submission of Component 2 data.