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.

 

 

Tags: collection of pay data, EEO-1 Pay Data Reporting, EEOC, Judge Tanya S. Chutkan, Office of Management and Budget, OMB, Pay discrimination, U.S. Equal Employment Opportunity Commission
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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.

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