EEOC To Accept Comp Data Past Reporting Deadline

Constangy, Brooks, Smith & Prophete, LLP
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Constangy, Brooks, Smith & Prophete, LLP Didn't get your data in yesterday? You get a break.

The Equal Employment Opportunity Commission says that it will continue accepting "Category 2" EEO-1 compensation data for the foreseeable future.

In a status report filed on Friday, the EEOC said that only about 40 percent of employers who are required to submit Category 2 data have actually done so. According to the EEOC, "So long as the Court's order is in effect stating that collection will not be complete until it reaches what the Court has determined to be the target response date," the EEOC will accept the data.

The EEOC's compensation data reporting requirement was put into place during the Obama Administration. After President Trump was elected, the Trump Office of Management and Budget suspended the requirement. But last March, a federal district court judge in the District of Columbia ruled that the OMB suspension was invalid and ordered the EEOC to begin collecting the data. The EEOC and OMB have appealed that decision. The EEOC is required to file periodic status reports with the district court while the appeal is pending.

The original deadline for employers to submit compensation data (for 2017 and 2018) was yesterday, September 30.

The EEOC has since proposed to stop collecting compensation data after this year.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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