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Breaking News: Expanded EEO-1 data due Sept. 30

On March 4, the U.S. District Court for the District of Columbia found the government did not have proper justification to stay the implementation of the EEOC’s expanded Obama-era reporting requirements, which included workforce pay data and hours worked data. Because of this, the court has vacated the 2017 stay and ordered the previous approval of the revised EEO-1 form shall be in effect. 

The court gave the EEOC until April 3 to provide guidance on how the expanded reporting will be implemented, and the EEOC responded to the Court:

“As a result of the Court’s reinstatement of the revised EEO-1 Component 2 collection, the EEOC will need to modify or adjust the deadlines for employers to collect retroactively 2018 Component 2 pay data and submit the relevant data to the EEOC by September 30, 2019.” 

The EEOC’s Chief Data Officer did cite security and financial burden concerns related to the additional data requirements. He determined that the only way the EEOC could be prepared to accept the data from the over 80,000 employers that submit the EEO-1 is for it to rely on a data and analytics contractor. 

A federal judge on April 25 confirmed the Sept. 30 deadline for submitting 2018 Component 2 data, but Component 1 data is still due to the EEOC on May 31.

The judge gave the EEOC until May 3 to decide whether employers should submit 2017 pay data along with their 2018 information by the Sept. 30 deadline, or 2019 pay data during the 2020 reporting period.

More updates will certainly come on how to submit this data, but for the time being, employers must begin collecting applicable data.