It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data.

In an order filed April 11, Judge Tanya S. Chutkan set a hearing for 2:00 p.m. Eastern on April 16, 2019 for the parties to present their cases regarding the government’s compliance with her order to reinstate the EEO-1 pay data reporting obligation.  Judge Chutkan ordered that

Defendants shall have representatives from EEOC, OMB, and any other agency or department present at the Hearing on April 16, 2019 who have particularized and thorough knowledge of all the issues addressed and questions raised in the parties Submissions, … , including all efforts since September 29, 2016 to effectuate the Component 2 pay data collection.

The April 11th Order also granted the pending motions for leave to file Amici Curiae  (friend of the court) briefs filed by DirectEmployers Association, Inc., American Society of Employers and Chamber of Commerce of The United States of America.  The briefs, filed in connection with the motions, provide information and facts about the burden and impact of the pay data reporting obligation on employers.

We will be sure to provide any updates in this developing story as they become available so stay tuned.