In connection with last month’s ruling from a Washington, D.C. district court reinstating the U.S. Equal Employment Opportunity Commission’s (“EEOC”) collection of employer pay data previously stayed by the Office of Management and Budget (“OMB”) (Component 2 of the revised EEO-1 form), as previously reported here, the EEOC announced on May 2, 2019 that it has opted to collect Component 2 data for 2017 in addition to 2018. On April 25, 2019, the district court ordered the EEOC to collect a second year of pay data from select employers, giving the EEOC until May 3, 2019 to advise whether it would collect 2017 or 2019 data.

Employers have until September 30, 2019 to report 2017 and 2018 W-2 wage data and hours worked for employees within 12 specified pay bands. The EEOC has announced that it expects to begin accepting data submissions in mid-July, to facilitate compliance with the court-mandated deadline.

In the meantime, employers must still submit Component 1 demographic data on race, gender and ethnicity by May 31, 2019.