EEOC Ordered to Continue Taking EEO-1 Component 2 Data

We previously reported that the EEOC is asking employers to continue to submit reports after September 30, 2019. In light of recent development, it appears that employers may have until January 31, 2020 to submit their data if they have not already done so.

To provide you a quick recap of the seemingly never-ending Component 2 data saga, back in April 2019, a U.S. District Court in Washington, D.C., had ordered the EEOC to collect from certain employers pay data for calendar years 2017 and 2018 by September 2019. Furthermore, the court held that EEOC’s pay data collection would not be deemed complete until the percentage of employers who submit their pay data equals or exceeds the average percentage of employers that actually submitted EEO-1 reports in previous years.

Having collected pay data from 75.9 percent of eligible filers, on October 8, 2019, the EEOC filed a motion requesting the court to rule that the agency’s pay data collection was complete on the basis that the percentage of employers who turned in their EEO-1 Component 2 data had exceeded the average percentage of employers who in previous years had submitted their EEO-1 reports by the filing deadline.

On October 29, 2019, the court denied EEOC’s motion, taking issue with the agency basing its data completeness on past EEO-1 reports submitted by the filing deadline rather than reports that were actually submitted. Consequently, the court ordered the EEOC to “continue to take all steps necessary to complete the EEO-1 Component 2 data collection for calendar years 2017 and 2018 by January 31, 2020.”

If you have questions regarding EEO-1 report filings, please contact Employers Council for assistance.