The EEOC must continue collecting EEO-1 Component 2 pay and hours worked data for 2017 and 2018 even though the deadline for employers to file the information has passed. On October 29, U.S. District Judge Tanya Chutkan ordered the EEOC to continue “taking all steps necessary” to complete the EEO-1 Component 2 data collection by January 31, 2020. Parties involved in National Women’s Law Center, et al. v. Office of Management and Budget (OMB) and Equal Employment Opportunity Commission (EEOC) have been battling over what constitutes the EEO-1 Component 2 data collection to be “complete”. The EEOC (Defendant) filed a Motion seeking confirmation that they have fully complied with Judge Chutkan’s April 25, 2019 Order requiring the collection of the Component 2 data. They stated in their Motion that as of October 28th, 84% of eligible filers have filed the Component 2 data, which is more than the average percentage submitted in the previous year’s EEO-1 Report allotted filing window (72.7%). The National Women’s Law Center (Plaintiff) filed an Opposition to the Defendant’s Motion, interpreting the collection period to also include late filed submissions and thus arguing the EEOC is not in compliance until they have collected Component 2 data from at least 98.25% of all eligible filers. The EEOC reported in its Motion that it will cost the Agency $1.5M to hold open the EEO-1 Component 2 Reporting portal from September 30th to November 11th, and the EEOC will have to sign contracts with the reporting portal vendor in 6-week increments (costing $900,000 every six weeks) after November 11th. Judge Chutkan sided with the Plaintiff and it appears the system will remain open until at least January 31, 2020 unless all filers complete the report. Find out more about the EEO-1 Component 2 Report in related Maly articles here.
