Employers who submit an annual Employer Information Report EEO-1 (EEO-1 Report) must submit 2018 Component 2 pay data by September 30, 2019, according to a bench ruling issued by a federal judge on April 25, 2019. By April 29, the Equal Employment Opportunity Commission (EEOC) is expected to update its website regarding the court’s decision as well as post the Component 2 data requirement in the Federal Register.

The court also ordered that employers must submit a second year of pay data to the EEOC, and the EEOC must decide by May 3 whether the pay data will be from 2017 or 2019. The EEOC has the option to require the submission of 2017 pay data by the September 30 deadline or the submission of 2019 pay data during the 2020 reporting period.

As previously reported, on March 4, 2019, the U.S. District Court for the District of Columbia issued a decision in National Women’s Law Ctr. v. OMB, No. 17-2458 (D.D.C.), which ordered applicable employers to report their employees’ W-2 wage information and total hours worked by gender, race and ethnicity on Component 2 of the EEO-1 Report.

Although the EEOC opened the EEO-1 online survey portal on March 18 to accept Component 1 data through May 31, no guidance was provided at that time regarding the submission of Component 2 pay data. Consequently, the court required the EEOC and the Office of Management and Budget (OMB) to submit necessary pay data guidance, which they provided on April 3.

Check back for further updates on EEO-1 Component 2 reporting obligations as additional guidance is issued by the court and the EEOC. Note that the deadline to file the EEO-1 Report with Component 1 data remains May 31.