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EEO-1 Update: Pay Data Now Due September 30, 2019

As we previously reported, the Equal Employment Opportunity Commission (EEOC) now requires employers to disclose equal pay data on its Employer Information Report (EEO-1). The equal pay data, otherwise known as “Component 2” of the EEO-1, has been the subject of ongoing litigation. Most recently, the EEOC requested court approval to extend the deadline for employers to report Component 2 data until September 30, 2019—later than the deadline for other EEO-1 data, which is due May 31, 2019. Several organizations supporting equal pay initiatives had argued that the agency should collect the data by May 31, but the agency told the court that the May 31 deadline was not feasible.

Judge Tanya S. Chutkan of the D.C. federal district court has granted the EEOC’s request. In an Order on April 25, Judge Chutkan ruled that the EEOC must “immediately take all steps necessary to complete the EEO-1 Component 2 data collections for calendar years 2017 and 2018 by September 30, 2019.” The court further ordered the EEOC to publish a notice to employers regarding the Component 2 data collection by no later than April 29, 2019.

The court also gave the EEOC an option of foregoing Component 2 data collection for the year 2017, in favor of collecting the same data for the year 2019. If the EEOC chooses to do so, employers will have until September 30, 2019 to report 2018 Component 2 data only. The same information for 2019 will be due in the 2020 EEO-1 reporting period.

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About this Author


Brooke Razor represents public and private employers in a wide variety of employment-related disputes including discrimination cases, harassment, wrongful discharge and FMLA claims. In addition, Brooke advises employers on compliance issues, practices and procedures, and works with clients on employment policies and handbooks. She also has experience drafting employment contracts and performing wage and hour audits.

Brooke is a contributor to the firm's LaborSphere blog,...

Lynne Anne Anderson, Drinker Biddle, Lawyer, Employment Litigation

Lynne Anne Anderson is a practiced jury and bench trial lawyer who handles a wide range of employment litigation, including whistleblower cases, restrictive covenant disputes and wage and hour class/collective actions. Her litigation background gives her the insights necessary to effectively counsel clients who are dealing with frontline employee issues to effectuate a win-win resolution of workplace disputes, and to implement policies and protocols to limit litigation. Lynne is Co-Chair of the Labor and Employment Group's Fair Pay Act Obligations Team.

Whether providing strategic counseling on reductions in force, or drafting employment contracts and personnel policies, Lynne approaches each situation with sensitivity to the impact to the individuals involved, and on the business operations. Clients trust Lynne implicitly to counsel them through the ever-growing maze of labor and employment laws, and to tenaciously represent their interests in the event of litigation.

Lynne is admitted to practice in the state of New Jersey. 

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York


  • Academy of New Jersey Management Attorneys (ANJMA)
  • American Bar Association, Labor & Employment Section
  • American Employment Law Council
  • American Health Lawyers Association
  • Diversity Law Institute
  • Litigation Counsel of America, Senior Fellow
  • Morris County Bar Association, Employment & Labor Committee
  • National Association of Women Lawyers (Past Planning Committee member)
  • New Jersey CFO Leadership Council Steering Committee – New Jersey Chapter
  • New Jersey Law & Education Empowerment Project (NJ LEEP), Board of Directors, Chair
  • New Jersey State Bar Association, Employment and Labor Section
  • New Jersey State Bar Foundation, Co-sponsorship Oversight Committee (2011-2017)
  • New Jersey Women Lawyers Association (Past President and Executive Committee)
  • Trial Law Institute