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Court Orders Employers to Submit Pay Data by September 30, 2019

Earlier this month, we reported that the Equal Employment Opportunity Commission (EEOC) proposed a September 30, 2019, deadline for employers subject to EEO-1 reporting requirements to file detailed pay data. Today, the U.S. District Court for the District of Columbia made that deadline official: the “Component 2” portion of the EEO-1 form is due September 30, 2019. Component 2 data covers employee compensation and hours worked, broken down by job category, pay band, race, ethnicity, and gender. The EEOC will be collecting this data for calendar year 2018. In addition, the EEOC must collect a second year of pay data—either 2017 or 2019—and must tell the court by May 3, 2019, which option it elects. We will keep you apprised of that and all further developments.

In the meantime, employers should: (a) work with payroll and HR teams to begin collecting and preparing 2018 Component 2 data for filing by September 30, 2019; and (b) continue to prepare the traditionally required race, ethnicity, and gender information (“Component 1” of the EEO-1 Form) for filing by the May 31, 2019, deadline.

© 2019 Foley & Lardner LLP


About this Author

Katelynn Williams,  Labor Attorney, Foley Lardner Law Firm

Katelynn Williams is an associate with Foley & Lardner LLP, where she is a member of the firm’s Labor & Employment Practice. She represents employers before state, federal, and administrative bodies in a wide variety of labor and employment-related claims, including retaliation, discrimination, non-compete, and wage & hour matters.

Prior to joining Foley, Ms. Williams was an associate at a Wisconsin-based employment litigation firm, where she focused on employee benefit and wage & hour disputes.