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EEO-1 Update: EEOC Selects to Collect 2017 Pay Data

As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018 and pay data from either 2017 or 2019. On May 1, 2019, the EEOC chose to collect 2017 pay data in addition to the 2018 pay data collection previously announced. According to the EEOC, employers must file this data by September 30, 2019. The announcement regarding 2017 pay data is expected to be published in the Federal Register on May 3, 2019.

Practically speaking, the EEOC’s announcement means that employers will need to gather 2017 and 2018 pay data for filing. The EEOC stated that it expects to begin collecting the 2017 and 2018 Component 2 data in mid-July 2019. As of this writing, the EEOC had not yet notified filers of the precise date the Component 2 data survey will open.

The EEOC also shortened the length of EEO-1 Component 1 filing extensions. Previously, employers were allowed to request a single 30-day extension for filing Component 1 information, which is due by May 31, 2019. On May 1, 2019, the EEO-1 website was updated to show that employers may now only request a single 14-day extension of the 2018 EEO-1 report deadline to June 14, 2019. According to the EEO-1 website, companies requesting an extension beyond two-weeks must summarize the issue the company is experiencing and communicate with the Employer Data Team.

There is still the potential that an appeal could delay or stop the September 30, 2019, pay data collection requirement.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 122


About this Author

Kiosha H. Dickey, Employment Attorney, Ogletree Deakins, Law Firm
Of Counsel

Kiosha is a 2004 graduate of Columbia College, where she majored in English and minored in Political Science. She earned her Juris Doctor degree from the University of South Carolina School of Law in 2007. After law school, Kiosha clerked for the Honorable J. Michelle Childs (former Circuit Court Judge, Fifth Judicial Circuit and current U.S. District Court Judge, District of South Carolina). Kiosha joined the team at Ogletree in August 2015, where she is a member of the Affirmative Action and OFCCP Compliance Group.

Prior to joining Ogletree, Kiosha spent over...


For 20 years, Jay has advised companies on a variety of workplace issues including preparing and enforcing non-competition agreements, dealing with complex employee leave issues, defending employment discrimination lawsuits, and providing advice on difficult workplace issues.  Jay has written extensively on Alabama’s newly amended restrictive covenant law and has enforced and defended restrictive covenant cases in state and federal courts.  Jay provides ongoing support to clients who are managing long-term, complicated leave and accommodation issues by helping them to comply with legal directives while ensuring that leaves are efficiently managed.  Jay also works with HR professionals to provide counseling on difficult day-to-day employment issues.  In the last several years Jay has obtained several full summary judgment rulings for companies in contentious employment discrimination cases.  Jay graduated from West Point in 1987, served in the U.S. Army in Germany, and worked in industrial sales before attending law school.

Hera S Arsen PhD
Managing Editor of Firm Publications

Hera S. Arsen, J.D., Ph.D., is Managing Editor of the firm's publications, overseeing the firm's print and online legal publications and content. Hera, who joined Ogletree Deakins in 2003, is directly responsible for writing and editing the firm's national legal content, including coverage of federal agencies and the Supreme Court of the United States. She also oversees the Ogletree Deakins blog, which covers the latest legal news from over 20 practice-areas and jurisdictions. As leader of the firm's blog, Hera writes blog posts on a variety of legal issues, edits...