On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments:

Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection

EEO-1 filers should begin preparing to submit Component 2 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 year 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. 

As a result of the court vacating the Office of Management and Budget’s stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019 and will post an additional notice by May 3, 2019, announcing its decision. 

Employers should, therefore, be sure to submit their traditional Component 1 data by May 31, and should immediately begin preparing their 2018 Component 2 data for submission by September 30.  In addition, employers need to be aware that they will be required to submit their 2017 data by September 30 or their 2019 compensation data by March 2020 – depending on what the EEOC decides.  We will keep our readers updated once more information is available.

Additional information about the Component 2 requirements is available here.