Seyfarth Synopsis: Today, the EEOC submitted a status report in the litigation concerning the EEO-1 Component 2 submissions for 2017 and 2018. While employers scramble to meet the aggressive September 30th deadline imposed by the Court, the EEOC notified the Court that the portal would remain open after September 30th and that it “will continue to accept data as long as the Court’s order is in effect.”

As we have previously reported, the Court required the EEOC to collect two years of data by September 30, 2019 and ordered that the data collection would not be deemed to be complete until a certain threshold number employers (i.e., the percentage of filers equals or exceeds the average percentage of filers for the last four EEO-1 reporting cycles) submit the required reports. As of September 25, 2019, only 39.7% of eligible filers have submitted their reports. Accordingly, the EEOC informed the court that the portal will remain open until the Court-ordered target response rate is reached. While the portal will remain open and will accept reports after September 30, the EEOC encourages all filers to submit their EEO-1 Component 2 reports as soon as possible.

We will continue to update you on this issue as more information becomes available.