EEO-1 Component 2 Data Collection Reinstated, Again

In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of the District of Columbia.  The Court ordered that the EEOC continue to collect pay data.

As a refresher, covered employers were required to provide pay data for 2017 and 2018 broken down by job category, sex, race, and ethnicity.  Thereafter, the Commission decided that it would no longer collect EEO-1 Component 2 pay data.  The Court held that the EEOC had not yet collected the requisite quantity of data as per its prior orders.  The Court has now ordered that the Commission must continue to collect pay data.  In compliance with the order, the EEOC has extended its initial September 30, 2019 deadline for employers to submit their Component 2 data.  The Department of Justice is appealing the order.

What does it mean for you?  The best practice is to audit for equal pay practices, HRIS, and payroll systems to ensure that they comply with Federal and State laws.  For assistance with meeting the EEO-1 reporting requirements or correcting pay discrepancy issues, please contact Katherine Brustowicz  or David Gabor of the Wagner Law Group's Employment Law practice.