Prepare For Another Wild Ride
Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia issued an Order on April 25, 2019 setting the new EEO-1 pay data deadlines for employers and setting the EEOC on course to notifications, deadlines for data collection and reporting1. Employers need to keep hands and feet in the car and prepare for another wild ride. Bottom line what you need to know:
- Employers must still file regular EEO-1 2018 with Component 1 data on May 31, 2019
- Employer filing deadline for fiscal 2017 EEO-1 with new Component 2 data is September 30, 2019
- EEOC has posted notice that it intends to collect Component 2 data for calendar years 2017 and 2018 in mid-July 2019
- EEOC’s overall pay data collection requirement extended to April 5, 2021
It is possible that the DOJ will appeal this order and seek a stay, but employers should not wait to prepare for reporting the required data. Employers should determine the accessibility from its internal systems of the information required by the proposed new form and begin self-auditing for the types of red flags the EEOC may scrutinize in reported information. The EEOC portal for filing EEO-1 and answers to technical questions can be found here: https://www.eeoc.gov/employers/eeo1survey/index.cfm
The federal court order offered no guidance on how employers should collect the required information, but we may expect some guidance from EEOC on this issue prior to the September deadline.
Employers should take note of pay gaps or inequities in its pay for women and minorities in each of its job classifications. This analysis should include counsel, especially for those workforces in multiple states where new law requirements should be considered. Should you require legal counsel to assist you in this regard, please contact Ms. Stuart at 713.752.8656 or firstname.lastname@example.org.