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Court Sets April 3 Deadline for EEOC to Sort Out 2018 EEO-1 Pay Data Reporting Requirements

As employers begin their annual EEO-1 reporting process for race, ethnicity, gender, and job category information, whether or not pay data will be part of that reporting remains up in the air. As discussed in our prior alert, the U.S. District Court for the District of Columbia earlier this month vacated the Office of Management and Budget’s stay of the pay data reporting requirements. At a status conference on March 19, the court ordered the EEOC and OMB to determine by April 3 whether the new pay data information will be required in the current reporting period, which opened March 18 and runs through May 31. Instructions for filing are available on the EEOC website.

Following the court’s March 4 ruling vacating the OMB stay, 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.”

Therefore, there are essentially two possible scenarios:

1) The reporting changes will not be implemented until the 2019 reporting cycle; or

2) The EEOC and OMB could agree to include the new requirements in the 2018 reporting cycle and provide an extension of the reporting deadline.

Copyright © by Ballard Spahr LLPNational Law Review, Volume IX, Number 80


About this Author

Meredith Dante, labor and employment lawyer, Ballard Spahr

Meredith S. Dante represents employers across industries including retail, consumer products, hospitality, financial services, technology, life sciences, health care, manufacturing, and higher education in a broad range of labor and employment disputes. She partners with clients to proactively identify issues and devise legal solutions that are specifically tailored to the client's workforce and business needs. She regularly advises clients in matters involving discrimination, whistleblower complaints and retaliation, wage and hour issues, reductions in force, compliance...

Sade Calin, Ballard Spahr Law Firm, New Jersey, Litigation Attorney

Sadé Calin is a member of the Litigation Department. Her experience includes the handling of labor and employment disputes, including discrimination cases, and serving as a court-trained mediator in landlord-tenant and municipal cases in Camden County, New Jersey. Before joining the firm full time, Ms. Calin was a summer associate at Ballard Spahr. She assisted with a variety of research projects, helped author chapters focused on at-will employment and attorney's fees in discrimination cases for the Employment Litigation in New Jersey treatise, and played a significant role in the firm's work on the Pennsylvania Innocence Project. Ms. Calin also gained experience working on projects involving commercial litigation and environmental litigation.