UPDATE: Judge Tanya S. Chutkan today approved the EEOC’s new deadline of Sept. 30.
The Equal Employment Opportunity Commission (EEOC) has told a federal judge, who previously ruled the agency must proceed with its once-suspended pay data collection, that it is extending the deadline for Component 2 (pay data) of the EEO-1 Report until Sept. 30. Component 1 (the number of employees who work for the business by job category, race, sex and ethnicity) is still due by May 31.
Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government must file the EEO-1 form.
On March 18, the EEOC opened the online EEO-1 reporting portal, but did not include questions concerning pay (Component 2). The judge then gave the agency until April 3 to submit its plan for pay data collection, which it did yesterday as requested.
The Obama administration expanded the EEO-1 report to include pay data in 2016, but when the Trump administration took over in January 2017, it suspended the requirement. Federal Judge Tanya S. Chutkan on March 4, 2019, lifted the suspension, ordering pay data to be collected as envisioned by the Obama administration. When the EEOC failed to do so when it opened the EEO-1 portal, she then gave the agency until April 3 to comply.
Judge Chutkan, however, has not yet indicated whether she would accept or reject the DOL’s new deadline.