As Bloomberg Law first reported, the U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool.  As a result, the court has vacated the 2017 stay and ordered

the previous approval of the revised EEO-1 form shall be in effect.

The order was made at the conclusion of the court’s 41-page decision in the case of National Women’s Law Center v. Office of Management Budget.

After a delay because of the government shut-down, EEOC is slated to soon open the reporting portal for the 2018 EEO-1 Reporting period.  Significantly, the portal was to be opened to receive EEO-1 data without employer pay data and employers have not been preparing data to submit pursuant to the stayed Component 2 (pay data collection) portion of the report.  It is unknown at this point the impact of the court’s decision on the current reporting period.  It also remains to be seen whether the government will seek to appeal the court’s decision.

This is an important and developing story.  We will continue to share additional details or insights as we learn them, including any information from the EEO-1 Joint Reporting Committee regarding the current reporting period.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.