Judge Tanya S. Chutkan has ordered initial compliance with the EEO-1 pay data reporting obligation by September 30, 2019.

As we previously reported, the EEOC has informed the court it could complete collection of data by September 30th by utilizing the services of a third party vendor, though there would be quality and integrity concerns. As proposed, the data collection would begin July 15th.

Plaintiffs had urged the court to require collection by May 31 – the deadline for filing of the current Component 1 portion of the form.

Questions remain around the reporting process, including instructions from EEOC about reporting logistics and other practical considerations – like whether it will be collecting 2017 and 2018 data or just 2018 data. There is also the possibility of an appeal in the current litigation which may impact the reporting deadline. But based on Judge Chutkan’s order today, however, employers will need to start working on complying with the reporting obligations for this year.

We will continue to analyze and interpret the written order and forthcoming information from EEOC and provide additional insights in the coming days.