EEO-1 Pay Data Due September 30

EEO-1 Component 2 (pay data) collection for 2017 and 2018 is currently underway and is due September 30, 2019. When this month ends, the Component 2 headache for employers and the EEOC — that dragged on for three years — will likely be over.

On September 12, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register an announcement that it does not intend to submit to a request to renew Component 2 data collection. This effectively makes the current collection the only one as, “[d]ue to the high estimated burden associated with adding pay data collection to the EEO–1, if the EEOC seeks to pursue a pay data collection in the future it will do so using notice and comment rulemaking and a public hearing pursuant to Title VII of the Civil Rights Act of 1964.”

The notice further states that, “[t]he Commission now concludes that it should consider information from the ongoing Component 2 data collection before deciding whether to submit a pay data collection [request going forward]. At this point in time, the unproven utility to its enforcement program of the pay data as defined in the 2016 Component 2 is far outweighed by the burden imposed on employers that must comply with the reporting obligation. Therefore, the EEOC is not seeking to renew Component 2 of the EEO-1.”

The EEOC still intends to continue its collection of Component 1 data because it “is necessary for the proper performance of the agency’s functions and has a practical utility to the fulfillment of the EEOC’s mission.”