EEOC Asks Court to Confirm Pay Data Reporting Complete

Oct 11 2019 - Reporting Requirements - Bianca Saad

EEOC asks court for ruling
The EEOC requests a court ruling on its motion before November 1, 2019.

And the EEO-1 pay data saga continues!

On October 8, the Equal Employment Opportunity Commission (EEOC) filed a motion with the court, asking it to determine that the EEO-1 Component 2 data (also known as pay data) collection is deemed complete.

In its motion, the EEOC reports, “[a]s of October 8, 2019, 75.9% of eligible filers had submitted Component 2 data,” more specifically:

  • 76.2 percent of filers submitting Component 2 data for calendar 2017; and
  • 75.6 percent of filers submitting Component 2 data for calendar year 2018.

The EEOC takes the position that Component 2 data should be considered complete once 72.7 percent of Component 2 reports have been filed, a rate that is based on its evaluation of response data from the 2014-2017 EEO-1 Component 1 collections, and is also “consistent with the response rate for similar surveys, according to contemporary social science research.” The plaintiffs, however, believe the correct completion percentage is 98.25 percent, based on the prior years’ submission rate after post-deadline collection efforts, and oppose the EEOC’s motion.

The EEOC will continue to collect Component 2 data through its portal for six weeks beyond the September 30, 2019, deadline — giving late filers until November 11, 2019. In the motion, the EEOC is requesting the court allow them to close the Component 2 data collection at that time and has also requested a court ruling before November 1, 2019.

Stay tuned to HRWatchdog for additional updates.

Bianca N. Saad, Employment Law Subject Matter Expert

CalChamber members can read more on EEO Reporting Requirements in the HR Library. Not a member? See how CalChamber can help you.

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