As Bloomberg Law first reported, the U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool.  As a result, the court has vacated the 2017 stay and ordered

“the previous approval of the revised EEO-1 form shall be in effect.

The order was made at the conclusion of the court’s 41-page decision in the case of National Women’s Law Center v. Office of Management Budget.

After a delay because of the government shut-down, EEOC is slated to soon open the reporting portal for the 2018 EEO-1 Reporting period.  Significantly, the portal was to be opened to receive EEO-1 data without employer pay data and employers have not been preparing data to submit pursuant to the stayed Component 2 (pay data collection) portion of the report.  It is unknown at this point the impact of the court’s decision on the current reporting period.  It also remains to be seen whether the government will seek to appeal the court’s decision.

This is an important and developing story.  We will continue to share additional details or insights as we learn them, including any information from the EEO-1 Joint Reporting Committee regarding the current reporting period.