As a follow-up to Holland & Knight's previous alerts, a federal court judge has ruled that she will accept the Equal Employment Opportunity Commission's (EEOC) proposal that employers be given until Sept. 30, 2019, to provide pay information on employees by race, ethnicity and sex on their EEO-1 reports. (See "EEO-1 Pay Data Reporting Deadline Extended to Sept. 30, 2019" and "Employers Stay Vigilant on EEO-1 Pay Data Reporting Requirements.") The judge also ordered the EEOC to collect a second year of pay data, giving the agency a choice between collecting employers' 2017 data or making it gather 2019 data later.
In the ruling, U.S. District Judge Tanya Chutkan of the U.S. District Court for the District of Columbia gave the EEOC until April 29, 2019, to put a statement on its website informing employers of her decision, and she gave the agency until May 3, 2019, to decide which second-year data set to collect. Judge Chutkan said the agency must also give the court a compliance update on May 3 and provide further updates every 21 days after that. She said the EEOC must take "all necessary steps" to meet the deadline of Sept. 30.
The case is National Women's Law Center v. Office of Management and Budget, (Civil Action No. 17-cv-2458, DDC).
Holland & Knight will continue to update this situation as circumstances dictate. Our Labor, Employment and Benefits Group is prepared to assist in the collection of the required information and to answer any questions about the new pay data reporting requirements.
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