On April 25, 2019, the court in National Women’s Law Center, et al., v. Office of Management and Budget, et al., ordered the U.S. Equal Employment Opportunity Commission (“EEOC”) to collect detailed data (Employer Information Report or EE0-1 Report) for the calendar year 2018 on employee compensation and hours worked from covered employers (employers with 100 or more employees and federal contractors with 50 or more) sorted by job category, pay band, race, ethnicity, and gender by September 30, 2019. The court also ordered the agency to collect a second year of pay data, but gave the EEOC the option of collecting employers’ 2017 data or making it collect 2019 data down the road.
Notably unchanged for all employers, the EEO-1 portal is open for the collection of Component-1 data, and employers should be preparing to submit that data in normal course to the EEOC by May 31, 2019. EEOC – EEO-1 Component 1 Data.
If you have any questions regarding the issues raised in this client alert, please contact your Labor and Employment counsel at Smith, Gambrell & Russell, LLP.