As we have reported over the past several months, a federal district court that reinstated the Equal Employment Opportunity Commission’s pay data collection requirements has been considering the deadline for submittal of such information. Late last month, the court issued its ruling, advising the parties that it will expect the EEOC to gather two years of pay information data no later than September 30, 2019.

Unless the decision is appealed or modified, this means that employers that submit EEO-1 data will face two filing deadlines this year. The traditional “Component 1” information that breaks employees down by job classification and race/gender is due May 31. The new “Component 2” salary information will be due at the end of September. Subsequent to the ruling, the EEOC indicated its intent to open the electronic portal for submission of 2018 Component 2 wage data by mid-July.

The prior bench order did not address the plaintiff’s request for 2017 salary information. In its subsequent written order, the court gave the EEOC the choice of requiring 2017 pay information along with the 2018 data, or requiring submittal of 2019 pay information during the regular 2020 EEO-1 reporting cycle. On May 2, the EEOC announced that it has opted for submittal of both 2017 and 2018 pay information by the September 30 deadline. Employers subject to EEO-1 filing requirements should begin the process of collecting salary information for 2017 and 2018. Once the final employee categories and pay bands are announced, employers will need to organize and electronically file the salary information.