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EEOC Cans Component 2 Pay Data Collection Rule . . . After September 30

To the surprise of no one who’s been following this story, the Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019, that it would not renew its request for authorization from the Office of Management and Budget to collect EEO-1 Component 2 pay data after the current authorization expires. If you saw this news and are hoping it means you can skip filing your 2017 and 2018 EEO-1 Component 2 data by the current September 30 deadline, we’re here to both burst your bubble and tell you there’s hope for the future.

Bad news first — the Notice of Information Collection regarding the Employer Information Report (EEO-1) published in the Federal Register on September 11 does not affect the obligation of EEO-1 filers to submit Component 2 data for calendar years 2017 and 2018 by September 30, 2019. However, in the same notice, the EEOC said it would seek authorization only to continue collecting EEO-1 Component 1 data, as it has been since 1966. Thus, the good news is that the EEOC will not collect Component 2 pay data beyond what’s due on September 30 because, according to the EEOC in the notice, the “unproven utility” of the pay data is “far outweighed by the burden imposed on employers that must comply with the reporting obligation.”

So if you’re one of the estimated 90,000 EEO-1 filers, you’re still on the hook to submit your 2017 and 2018 Component 2 pay data by the September 30 deadline, but there’s hope you won’t have to go through this wasteful exercise again, at least not when you file your next EEO-1 report in March 2020. In the meantime, if you have any questions about submission of your Component 2 pay data, consult your employment counsel, as the clock is ticking.

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About this Author

H. Mark Adams Employment Attorney Jones Walker

For more than 30 years, Mark Adams has defended employers in all manners of employment claims and litigation before federal and state courts and regulatory agencies. Drawing on his experience, he counsels employers on the development of effective human resources policies, procedures, and strategies for complying with federal and state labor and employment laws and limiting exposure to employment claims and litigation, union organizing, and government agency investigations. Mr. Adams founded Jones Walker's Labor & Employment Practice Group and served as its chair...

Maggie Spell Labor and Employment Lawyer Jones Walker

Mary Margaret Spell is an associate in the firm's Labor & Employment Practice Group and practices from the firm's New Orleans office. Ms. LeBato joined Jones Walker in 2009 upon graduation from the Paul M. Hebert Law Center, Louisiana State University, where she received her juris doctor degree and Diploma in Civil Law. She is a 2006 graduate of the College of Charleston Honors College, where she received her Bachelor of Arts in English, cum laude.