Earlier this month, we reported that the Equal Employment Opportunity Commission (EEOC) proposed a September 30, 2019, deadline for employers subject to EEO-1 reporting requirements to file detailed pay data. Today, the U.S. District Court for the District of Columbia made that deadline official: the “Component 2” portion of the EEO-1 form is due September 30, 2019. Component 2 data covers employee compensation and hours worked, broken down by job category, pay band, race, ethnicity, and gender. The EEOC will be collecting this data for calendar year 2018. In addition, the EEOC must collect a second year of pay data—either 2017 or 2019—and must tell the court by May 3, 2019, which option it elects. We will keep you apprised of that and all further developments.

In the meantime, employers should: (a) work with payroll and HR teams to begin collecting and preparing 2018 Component 2 data for filing by September 30, 2019; and (b) continue to prepare the traditionally required race, ethnicity, and gender information (“Component 1” of the EEO-1 Form) for filing by the May 31, 2019, deadline.