As we recently reported, federal Judge Tanya Chutkan of the U.S. District Court for the District of Columbia recently ordered the EEOC to move forward with stalled Obama-era requirements that employers who are required to file annual EEO-1 reports provide certain pay data with those reports.

At the time of our last article, it was unclear whether the EEOC would have the tools in place to commence such collections by May 31, 2019, the date on which the agency’s regular gender, race and ethnicity data collection is due. Now, in a required April 3, 2019, filing with the court, the EEOC has stated that it will have the portal for collecting this information from employers available starting later in the summer, with a September 30, 2019, pay data filing deadline.

We will continue to keep you apprised of further developments, including further EEOC guidance on the mechanics for this filing. (The plaintiffs in the D.C. lawsuit now have until April 8 to respond to the EEOC’s proposed date and plan, and the judge will then have to rule on the matter, meaning that the date may still change.)

In the meantime, employers should start now to work with their payroll and HRIS teams to determine the best manner for collection, aggregation and reporting of this data, as the deadline is being set. And, remember that the race, ethnicity and gender information associated with the current form EEO-1 is still required to be filed by the May 31 deadline.