As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval of the revised EEO-1 form shall be in effect.”

On March 18, 2019, the EEOC opened its EEO-1 portal. The portal is only receiving “Component-1 data” – the race/ethnicity and sex data traditionally included in EEO-1 submissions. With respect to the “Component-2 data” that the federal judge ordered now must be collected, the EEOC issued the following statement :

The EEOC is working diligently on next steps in the wake of the court’s order in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), which vacated the OMB stay on collection of Component 2 EEO-1 pay data. The EEOC will provide further information as soon as possible.

We will continue to monitor this developing story and provide updates as warranted.