Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC

must continue to take all steps necessary to complete the EEO-1 Component 2 data collection for calendar years 2017 and 2018 by January 31, 2020.

This includes keeping the reporting portal open until that time or the agency reaches an acceptable reporting threshold. The Plaintiffs in the case disagree with EEOC as to the measure of completeness and suggest EEOC needs to obtain greater than a 98% response rate to complete the data collection.

The Order also requires EEOC continue to file status reports with the court every 3 weeks.

The Order does not create any new or additional pay data reporting obligations.

At the same time the parties are filing briefs in the pending appeal of Judge Chutkan’s Order which initiated the data collection earlier this year.