As we previously reported, a federal judge recently ruled that the Equal Employment Opportunity Commission (EEOC) must reinstate pay reporting obligations to the EEO-1 reports that large employers and government contractors are required to file annually. The EEOC told the judge that it would be able to collect pay data by September 30, 2019. Last week, the judge accepted the agency's proposal to collect pay data for two calendar years by this date.

The EEOC announced it will collect 2017 and 2018 pay data by September 30, 2019. The EEOC expects to begin collecting pay data for calendar years 2017 and 2018 in mid-July 2019. Pay data will need to be provided organized into categories of race, sex, ethnicity and job group. That information is then sorted into one of 12 pay bands, creating a grid. The court extended the expiration date of the revised EEO-1 form, which includes the pay data, OMB Control No. 3046-0007, from September 30, 2019 to April 5, 2021.

As this situation continues to evolve, employers should be aware that:

  • The May, 31 2019 deadline for filing EEO-1 reports in their present form (without pay data) for calendar year 2018 has not been extended. Employers should be preparing to file their standard EEO-1 form by the May 31 deadline.
  • There is the possibility of an appeal in the current litigation, which may impact the reporting deadline.

We are closely monitoring the situation and will continue to send updates with important developments.