On April 25, 2019, a federal judge in Washington, D.C. ordered the EEOC to collect 2018 pay data from mid-size and large employers according to employees’ sex, race, and ethnicity. Affected employers have until Sept. 30, 2019 to provide the requisite data to the EEOC. The Court also ordered the EEOC to collect a second year of pay data, giving it a choice between collecting employers' 2017 data or 2019 data; the EEOC must elect between year 2017 or 2019 by May 3, 2019. (In the event that the EEOC decides to collect 2017 data, it will also be due by Sept. 30, 2019.)

This decision resolves prior uncertainty and clarifies that employers must submit not only Component 1 EEO-1 reporting (race, ethnicity, and gender) by May 31, 2019, but also Component 2 EEO-2 reporting (total hours worked and W-2 wage information broken down by race, ethnicity, and sex, and job category) by Sept. 30, 2019. Employers should familiarize themselves with these requirements, and prepare to submit Component 2 data for 2018, and potentially 2017, in the fall.

Information regarding the Court’s order, as well as the EEOC’s collection, will be available on the EEOC’s website.