As we alerted you last month, a federal judge reinstated the EEO-1 pay data reporting requirement that the Equal Employment Opportunity Commission (EEOC) had previously announced in September 2016. Recognizing that requiring such reporting by the May 31, 2019 EEO-1 filing deadline created “significant practical challenges,” the EEOC filed a brief this week seeking additional time to address these challenges of collecting pay data. Pursuant to the EEOC’s submission, employers would have until September 30, 2019 to gather and submit the “Component 2” data consisting of pay data broken down by race, gender and ethnicity.

Notably, the EEOC’s proposed deadline extension still must be approved by the federal judge who reinstated the EEO-1 pay data reporting requirement. WilmerHale will continue to track developments in connection with this issue—including any updates on recent motions filed by employer advocacy organizations seeking to further delay the reporting requirement. In the meantime, we recommend that employers begin collecting all required pay data information in anticipation of future reporting, which information can largely be obtained from W-2s and reports that capture hours worked by employees.