On April 3, 2019, the EEOC submitted a response to questions raised by the Court during a March 19th Status Conference to discuss compliance with the Court’s ruling that pay data must be collected as part of the EEO-1 reporting process. The EEOC’s submission described how the EEOC proposes to undertake and close the collection of Component 2 pay data under the revised EEO-1 information collection that is now back in effect. The submission also states that the Agency needs to adjust the collection deadline to September 30, 2019 “in order to accommodate the significant practical challenges for the EEOC to collect Component 2 data in response to the Court’s Order.” The submission then details what the EEOC is going to have to do to collect pay data and the estimated cost for the EEOC to set up the pay data collection process.
In light of the EEOC’s admission that it is, as of right now, unable to process and/or analyze pay data, it seems unlikely the Court will demand a deadline before September 30th . We are also without information about whether the EEOC will appeal the Court’s ruling. So, while employers are probably not going to have to submit pay data as of May 31st, employers should undertake to get procedures in place to collect this data in the very near future.
We will continue to monitor developments. The EEOC submission is here: EEOC Submission (03138616x7AC43)