UPDATE: On Oct. 29, Judge Tanya Chutkan ordered data collection to continue. On. Oct. 25, the EEOC set a final deadline for pay data collection pending court approval: Nov. 11. Previously, on Oct. 8, the EEOC sought court permission to close the pay data collection, reporting that 75.9 percent of potential filers had submitted their data. The plaintiffs in the original lawsuit that reopened the collection process claim the effort is not complete until 98.25 percent submit data. The presiding judge has yet to rule.

The collection of pay data from firms required to submit the EEO-1 Report annually will continue past its deadline of today, Sept. 30, until it reaches its “target response rate,” the Equal Employment Opportunity Commission (EEOC) told the court supervising the program on Sept. 27.

In its most recent required status report for the court, and also in an announcement on the Component 2 filing website, the EEOC said:

… so long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component 2 data for 2017 and 2018. EEO-1 eligible employers should continue to submit and certify their Component 2 EEO-1 reports for 2017 and 2018 as soon as possible.

As of Sept. 25, the EEOC said that 39.7 percent of eligible filers had completed submission of the required pay data.

Who Must Submit Data?

The EEOC website states the following regarding who must submit pay data:

Employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they have 100 or more employees during the 2017 workforce snapshot period. Employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they have 100 or more employees during the 2018 workforce snapshot period. The workforce snapshot period is an employer-selected pay period between October 1 and December 31 of the reporting year. Federal contractors and other private employers with fewer than 100 employees are not required to report Component 2 compensation data.