EEOC Confirms Pay Data Collection Reporting


By: Miriam L. Rosen, McDonald Hopkins PLC


EEOC Confirms Pay Data Collection Reporting


            After what seems like months of drama about EEO-1 reporting issues, on April 30, 2019 the EEOC confirmed that employers will be required to submit pay data by September 30, 2019.   The text of the EEOC’s notice is below and can be found on the EEOC website:

Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). The EEOC expects to begin collecting EEO-1 Component 2 data for calendar year 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.

As a result of the court vacating the Office of Management and Budget’s stay of Component 2, the EEOC will also collect Component 2 data for either calendar year 2017 or calendar year 2019, and will post an additional notice by May 3, 2019, announcing its decision.

               If you have not been following this EEO-1 drama play out (See 4.10.19 Detroit SHRM Legal Update for more on this), here is what you need to know:

  1.          EEO-1 Component 1 Filing Deadline.  The filing deadline for reporting 2018 data on the number of employees who work for the organization by job category, race, sex, and ethnicity in May 31, 2019.  The EEOC portal is open and employees can submit data.
  2.          EEO-1 Component 2 Filing Date.   The EEO-1 Component 2 data will consist of pay information for employees by race, ethnicity, and sex by job category.  The deadline for filing this information is now September 30, 2019.   The EEOC portal submitting pay data is expected to open in July 2019.

            There is still a possibility that the EEOC could appeal the recent court order requiring pay data reporting.  Employer should continue to monitor the EEOC website for updates on the reporting requirements.

            One thing seems certain about this EEO-1 reporting season…there will be drama.

 This article was written by Miriam L. Rosen, who is Chair of the Legal Affairs Committee of Detroit SHRM and Chair of the Labor and Employment Law Practice Group in the Bloomfield Hills office of McDonald Hopkins PLC, a full service law firm. She can be reached at or at (248) 220-1342.

Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. May 2019.