Federal Court Closes EEOC Pay Data Reporting

February 14, 2020

The Equal Employment Opportunity Commission's (EEOC) pay data collection for 2017 and 2018 has been closed by a federal judge, shifting attention to what the EEO-1 reporting requirements will be this year.

U.S. District Judge Tanya Chutkan said the EEOC and the workers' advocacy groups who sued the agency agree the government has met its obligation to collect two years' worth of pay data, as ordered by the court in May 2019.

But the EEOC is still in the process of seeking OMB approval to collect Component 1 (employment data) of the EEO-1 survey for 2019, 2020, and 2021, and to discontinue the collecting of Component 2 (pay data).  It is unclear when OMB will conclude its review and approve the data collection for 2019.

The EEOC is also considering initiating a rulemaking for a new pay data reporting requirement.  An advanced notice of the proposed rulemaking is expected to be published in September 2020.

Outlook:  The EEOC will open the online EEO-1 survey portal as soon as OMB approves the commission’s information collection request, which is likely to only be for Component 1 (employment data) of the survey.