A federal judge recently ordered that the Equal Employment Opportunity Commission (“EEOC”) collect two years of Component 2 EEO-1 data, including employees’ hours worked and W-2 compensation information, from employers with 100 or more employees (and federal contractors with 50 or more employees) by September 30, 2019 (see our post here).  The agency was given two options: (1) require employers to provide 2017 pay data in addition to the 2018 data by September 30, 2018; or (2) require that 2019 pay data be submitted in the Spring of 2020.

In response, the EEOC somewhat surprisingly chose the former and released a Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018 on its website in which the agency indicates that it expects to begin collecting 2017 and 2018 pay data from employers in mid-July 2019.  The agency will notify filers of the precise date the survey will open as soon as it becomes available.  In the meantime, employers should begin gathering and organizing their employees’ 2017 and 2018 pay data in order to prepare for the EEOC’s fast-approaching deadline.

As a reminder, May 31, 2019 remains the deadline for employers to submit traditional Component 1 data, including race and gender information, and employers can submit this data through the EEOC’s currently open EEO-1 portal.  As always, we will continue to keep you updated on this issue as new information becomes available.