It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data.

In an order filed April 11, Judge Tanya S. Chutkan set a hearing for 2:00 p.m. Eastern on April 16, 2019 for the parties to present their cases regarding the government’s compliance with her order to reinstate the EEO-1 pay data reporting obligation.  Judge Chutkan ordered that

Defendants shall have representatives from EEOC, OMB, and any other agency or department present at the Hearing on April 16, 2019 who have particularized and thorough knowledge of all the issues addressed and questions raised in the parties Submissions, … , including all efforts since September 29, 2016 to effectuate the Component 2 pay data collection.

The April 11th Order also granted the pending motions for leave to file Amici Curiae  (friend of the court) briefs filed by DirectEmployers Association, Inc., American Society of Employers and Chamber of Commerce of The United States of America.  The briefs, filed in connection with the motions, provide information and facts about the burden and impact of the pay data reporting obligation on employers.

We will be sure to provide any updates in this developing story as they become available so stay tuned.



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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