Judge Tanya S. Chutkan has ordered initial compliance with the EEO-1 pay data reporting obligation by September 30, 2019.

As we previously reported, the EEOC has informed the court it could complete collection of data by September 30th by utilizing the services of a third party vendor, though there would be quality and integrity concerns.  As proposed, the data collection would begin July 15th.

Plaintiffs had urged the court to require collection by May 31 – the deadline for filing of the current Component 1 portion of the form.

Questions remain around the reporting process, including instructions from EEOC about reporting logistics and other practical considerations – like whether it will be collecting 2017 and 2018 data or just 2018 data.  There is also the possibility of an appeal in the current litigation which may impact the reporting deadline.  But based on Judge Chutkan’s order today, however, employers will need to start working on complying with the reporting obligations for this year.

We will continue to analyze and interpret the written order and forthcoming information from EEOC and provide additional insights in the coming days.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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