EEOC Requires Employers to Submit EEO-1 Component 2 Pay Data by September 30, 2019

The EEOC has announced that employers required to file annual EEO-1 reports must also submit EEO-1 Component 2 pay and hours data broken down by race, sex and ethnicity by job category for 2017 and 2018  no later than September 30, 2019.

The Component 2 data requirement was originally imposed during the Obama administration, but was  put on hold by President Trump’s administration. The National Women’s Law Center subsequently sued the EEOC to force it to move ahead with collecting the data and, in March of this year, a federal district court ordered the EEOC to do so.

The EEOC has issued the following statement on its website regarding employers’ Component 2 data obligation:

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as  it is available.

Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

With certain limited exemptions, employers subject  to the EEO-1 requirements include (a) all private employers subject to Title VII of the Civil Rights Act  of 1964 that employ at least 100 employees; (b) all private employers subject to Title VII with fewer than 100 employees, if the employer is part of a single corporate enterprise that in its entirety employs at least 100 employees; and (c) federal contractors that have  50 or more employees and (i) are prime or first-tier subcontractors and have a contract, subcontract or purchase order of at least $50,000; (ii) serve as a depository of federal government funds in any amount; or (iii) are a financial institution that is an issuing and paying agent for U.S. Savings Bonds and Notes.

Gathering and preparing the Component 2 data will likely impose additional burdens on employers’ HR,  IT and legal departments, so employers should immediately begin identifying where the required information is located and developing a plan that  will allow them to meet the September 30 deadline. Employers should also remember that EEO-1 Component 1 data for 2018 remains due no later  than May 31, unless an extension is obtained.

Additional Assistance

Should you have any questions regarding the EEOC’s upcoming deadlines, or any other labor and employment matter, please contact any of the attorneys on our Labor & Employment Practice Team.