As employers begin their annual EEO-1 reporting process for race, ethnicity, gender, and job category information, whether or not pay data will be part of that reporting remains up in the air. As discussed in our prior alert, the U.S. District Court for the District of Columbia earlier this month vacated the Office of Management and Budget’s stay of the pay data reporting requirements. At a status conference on March 19, the court ordered the EEOC and OMB to determine by April 3 whether the new pay data information will be required in the current reporting period, which opened March 18 and runs through May 31. Instructions for filing are available on the EEOC website.

Following the court’s March 4 ruling vacating the OMB stay, the EEOC issued the following statement:

“The EEOC is working diligently on next steps in the wake of the court’s order in National Women's Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), which vacated the OMB stay on collection of Component 2 EEO-1 pay data. The EEOC will provide further information as soon as possible.”

Therefore, there are essentially two possible scenarios:

1) The reporting changes will not be implemented until the 2019 reporting cycle; or

2) The EEOC and OMB could agree to include the new requirements in the 2018 reporting cycle and provide an extension of the reporting deadline.

We will continue to monitor and report on the case. Ballard Spahr’s Labor and Employment Group routinely advises employers in EEO-1 reporting obligations, including navigating changes and preparing for compliance.


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