Search form

EEOC Provides Update on EEO-1 Pay Data Reporting Plans

By K. Joy Chin, Stephanie E. Lewis and Matthew J. Camardella
  • April 4, 2019

September 30, 2019, is the earliest the Equal Employment Opportunity Commission (EEOC) could collect pay data from employers in the EEO-1 report, the agency advised the federal district court in the District of Columbia on April 3, 2019. National Women’s Law Center et al. v. Office of Management and Budget et al., No. 17-2458.

The EEOC also stated its intention to adjust the collection deadline for 2018 pay data (Component 2) through that date. The deadline to submit race, ethnicity, and gender data (Component 1) remains May 31, 2019.

Status Report

The court had ruled on March 4 that the EEOC’s pay data collection provisions (requiring covered employers to report pay information by race, ethnicity, and gender) in the EEO-1 report should be “immediately reinstated.” The Office of Management and Budget (OMB) had suspended those provisions in 2017.

At a status conference on March 19, the court inquired about how the EEOC and OMB plan to comply with its decision. The court set a briefing schedule of April 3 for the agencies to advise it of their intentions and April 8 for the plaintiffs to respond.

In a status report titled “Notice of Defendants’ Submission in Response to the Court’s Questions Raised During the March 19, 2019 Status Conference,” the EEOC noted that the authorization to collect pay data was for a three-year term ending September 30, 2019, and that the EEOC was authorized to collect pay data two times during that term — 2017 pay data and 2018 pay data. The EEOC stated  it does not have the capabilities to collect pay data, relying upon the Declaration of its Chief Data Officer. The EEOC said that, in order to collect 2018 pay data by September 30, 2019, it must engage a third-party vendor (NORC) at a cost of $3 million to modify the agency’s data collection capabilities. Even then, the agency noted there will be significant data quality control issues.

The plaintiffs have until April 8 to respond to the EEOC’s stated plans for pay data collection. Numerous employer organizations, including the U.S. Chamber of Commerce, have submitted friend-of-the-court briefs asserting that any pay data collection should occur in 12-18 months, at the earliest.


It is clear from the EEOC’s status report that the agency is not equipped to begin pay data collection by May 31, 2019, and intends to delay pay data collection until September 30, 2019, at the earliest. Still, it remains possible that the court’s original March 4 ruling reinstating the pay data collection may be appealed.

Employers should submit the Component 1 EEO-1 report data as required by May 31, 2019. Component 2 pay data likely will need to be submitted at a later date and employers should be prepared.

We will continue to monitor and report on developments. Please contact Jackson Lewis with any questions.

©2019 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at

See AllRelated Articles You May Like

June 24, 2019

New York Adopts Laws Aimed at Combating Salary Inequality and Race Discrimination

June 24, 2019

In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo... Read More

May 28, 2019

Colorado Enacts Comprehensive Equal Pay Law

May 28, 2019

Enacting one of the toughest enhanced state pay equity laws to date, Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. The new law, signed by Governor Jared Polis on May 22, 2019, goes into effect on January 1, 2021. The “Equal Pay for Equal Work Act” (SB 19-085),... Read More

May 17, 2019

The EPL Insurance Advisor – May 2019

May 17, 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments. 2019 EPLI Trends Report – What Analysts and Underwriters Should... Read More