The U.S. Equal Employment Opportunity Commission (EEOC) has updated last week’s statement, described here, to confirm that in addition to 2018 “Component 2” pay data, it will now also be seeking data for calendar year 2017 by the September 30 deadline.

While EEO-1 compliance for 2019 appears to be a moving target, employers should plan to heed the EEOC’s statement and prepare to comply with the September 30 deadline for Component 2 data for both 2017 and 2018.

The EEOC’s full updated notice states:

Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available.

On May 3, 2019, the Department of Justice filed a Notice of Appeal in National Women’s Law Center. The filing of this Notice of Appeal does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data. EEO-1 filers should begin preparing to submit Component 2 data as described above.

Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

As referenced in the statement, the U.S. Department of Justice has filed a Notice of Appeal from the D.C. District Court’s orders that revived the EEO-1 “Component 2” requirement and established these deadlines. The EEOC states that this filing does not impact employers’ obligations to submit Component 2 data, however, and that employers should begin preparing to submit Component 2 data in accordance with this schedule.

The EEOC has also filed its first required status report in the D.C. District Court on steps taken to further the collection of EEO-1 Component 2 data. According to the EEOC, it has awarded the Component 2 data collection contract to a third party and will be working with that entity to implement the contract. The agency is currently on track to open Component 2 data collection for calendar years 2017 and 2018 on July 15, 2019.

We will continue to monitor and share updates on this topic. If you have any questions regarding EEO-1 filing compliance, please contact any member of Schiff Hardin’s Labor & Employment Group.