Hunton Employment & Labor Perspectives

As we blogged about earlier this year, a U.S. District Court in Washington, D.C., in April ordered the EEOC to collect two years’ worth of EEO-1 Component 2 pay data from mid-size and large employers by a deadline of September 30, 2019.  In its most recent status report on the subject, however, the agency revealed it did not collect enough data to satisfy the judge’s response criteria, having received submissions from only 39.7% of eligible employers.  Perhaps unfortunately for employers, the EEOC said it will continue accepting compensation data for reporting years 2017 and 2018 until it satisfies the court’s criteria that Component 2 data “be equal to or exceed the mean percentage of EEO-1 reporters” that turned in EEO-1s in each of the past four years.  On its official website, the EEOC encourage all employers to “submit their data as soon as possible.”

On a more positive note, last month the EEOC also announced that it will not renew its request for authorization from the Office of Management and Budget to collect EEO-1 Component 2 pay data after the current authorization expires because, according to the EEOC, the “unproven utility” of the pay data is “far outweighed by the burden imposed on employers that must comply with the reporting obligation.”  The EEOC said it would seek authorization only to continue collecting EEO-1 Component 1 data, as it has been since 1966.