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EEOC Provides Update on EEO-1 Pay Data Reporting Plans

September 30, 2019, is the earliest the Equal Employment Opportunity Commission (EEOC) could collect pay data from employers in the EEO-1 report, the agency advised the federal district court in the District of Columbia on April 3, 2019. National Women’s Law Center et al. v. Office of Management and Budget et al., No. 17-2458.

The EEOC also stated its intention to adjust the collection deadline for 2018 pay data (Component 2) through that date. The deadline to submit race, ethnicity, and gender data (Component 1) remains May 31, 2019.

Status Report

The court had ruled on March 4 that the EEOC’s pay data collection provisions (requiring covered employers to report pay information by race, ethnicity, and gender) in the EEO-1 report should be “immediately reinstated.” The Office of Management and Budget (OMB) had suspended those provisions in 2017.

At a status conference on March 19, the court inquired about how the EEOC and OMB plan to comply with its decision. The court set a briefing schedule of April 3 for the agencies to advise it of their intentions and April 8 for the plaintiffs to respond.

In a status report titled “Notice of Defendants’ Submission in Response to the Court’s Questions Raised During the March 19, 2019 Status Conference,” the EEOC noted that the authorization to collect pay data was for a three-year term ending September 30, 2019, and that the EEOC was authorized to collect pay data two times during that term — 2017 pay data and 2018 pay data. The EEOC stated  it does not have the capabilities to collect pay data, relying upon the Declaration of its Chief Data Officer. The EEOC said that, in order to collect 2018 pay data by September 30, 2019, it must engage a third-party vendor (NORC) at a cost of $3 million to modify the agency’s data collection capabilities. Even then, the agency noted there will be significant data quality control issues.

The plaintiffs have until April 8 to respond to the EEOC’s stated plans for pay data collection. Numerous employer organizations, including the U.S. Chamber of Commerce, have submitted friend-of-the-court briefs asserting that any pay data collection should occur in 12-18 months, at the earliest.


It is clear from the EEOC’s status report that the agency is not equipped to begin pay data collection by May 31, 2019, and intends to delay pay data collection until September 30, 2019, at the earliest. Still, it remains possible that the court’s original March 4 ruling reinstating the pay data collection may be appealed.

Employers should submit the Component 1 EEO-1 report data as required by May 31, 2019. Component 2 pay data likely will need to be submitted at a later date and employers should be prepared.

Jackson Lewis P.C. © 2021National Law Review, Volume IX, Number 94



About this Author

K. Joy Chin, Jackson Lewis, wage benefits lawyer, affirmative action attorney

Joy Chin is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining the firm in 1995, her practice has been devoted exclusively to employment law and related litigation and the firm’s regulatory practice.

Ms. Chin has litigated matters before local, state and federal administrative agencies and in state and federal courts. Ms. Chin is a frequent speaker on affirmative action and creating lawful diversity programs and spends much of her time counseling employers on issues relating to diversity,...

Stephanie E. Lewis, Jackson Lewis, Managing Principal, Policy Litigation Attorney,
Office Managing Principal

Stephanie E. Lewis is the Office Managing Principal of the Greenville, South Carolina, office of Jackson Lewis P.C. She represents employers in employment litigation and advises clients on preventive practices and policies to avoid litigation.

Ms. Lewis has handled all aspects of employment law but focuses on sexual harassment, pay discrimination, and disability discrimination issues in the automotive, manufacturing, retail, and pharmaceutical industries. She regularly presents on employment-related topics to Bar and...


Matthew Camardella is a Principal in the Long Island, New York, office of Jackson Lewis P.C. He directs the preparation of more than 400 AAPs each year and has defended hundreds of OFCCP audits for a broad range of employers across the country.

In addition, Mr. Camardella serves as the Practice Group lead on responding to OFCCP allegations of class-based discrimination. He spends significant time counseling clients about the design and implementation of company-wide AAP structures, applicant flow tracking systems,...