Employers’ EEO-1 Component 2 Data Due Sept. 30 to EEOC

Employers required to file EEO-1 surveys with the Equal Employment Opportunity Commission now have a Sept. 30 deadline to provide pay data according to gender, race and ethnicity by pay bands within job categories. This data, or Component 2 data, is in addition to Component 1 data (number of employees by gender, race, ethnicity and job category), which is already due by May 31.

A 2016 Obama administration initiative, the Component 2 reporting requirement has had a seesaw history:

  • August 2017: The initiative is struck down by the Office of Management and Budget (OMB). November 2017: The National Women’s Law Center and the Labor Council for Latin American Advancement challenges the OMB’s decision in federal court.
  • March 2019: A federal judge in the District of Columbia vacates OMB’s decision, effectively reinstating Component 2. 
  • April 4, 2019: Business groups file amicus briefs advocating for at least 18 months to allow employers to produce the required data, and voice security concerns over the EEOC’s plan to hire a third party to handle data collection.
  • April 25, 2019: The judge accepts the EEOC’s Sept. 30 proposed deadline for 2018 Component 2 data collection. She also orders the EEOC to collect a second year of Component 2 data, and gives the agency until May 3 to decide whether the second year will be 2017, or 2019 when complete. 

See the EEOC website for updates.

As a reminder:

  • Who must file? Private employers with 100 or more employees, and federal contractors with 50 or more employees and a contract worth $50,000 or more
  • Component 1 data for 2018 is still due by May 31.
  • To meet the Sept. 30 deadline for Component 2 data, employers should begin preparing now. The EEOC expects to begin collecting Component 2 data for 2018 starting in mid-July (specific date to be announced). For information on how to properly collect and report the data, consult your attorney.