The past few weeks have seen a flow of new developments involving the recently reinstated EEO-1 pay data reporting obligations.  And Friday, May 3rd, was no exception.  At the same time EEOC was announcing its decision to collect pay data for 2017 as well as 2018, the Office of Management and Budget (OMB) was filing a Notice of Appeal of Judge Tanya S. Chutkan’s Order reinstating the pay data reporting obligation.

EEOC has, however, posted a notice on its website taking the position the Notice of Appeal does not impact employers’ EEO-1 pay data reporting requirement, stating the following:

On May 3, 2019, the Department of Justice filed a Notice of Appeal in National Women’s Law Center.  The filing of this Notice of Appeal does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data. EEO-1 filers should begin preparing to submit Component 2 data as described above.

In addition to posting the updated notice on its website, EEOC also filed the first of its required status reports with the Court.  The first of Defendant EEOC’s Report of Steps to Implement the EEO-1 Component 2 Data Collection, filed on May 3, 2019, details, among other things, the initial steps it has taken to comply with the Court’s Order to collect Component 2 (pay data) of the EEO-1 report by September 30, 2019.

As of Friday, EEOC reported it has selected a third party vendor, NORC at the University of Chicago, to develop the reporting tool and detailed how it will work with NORC in the coming weeks.  As part of these efforts, EEOC indicated:

[i]n the next three weeks, the EEOC plans to oversee preparation and planning for the launch
of the NORC email and phone helpdesk to assist filers with questions and concerns about the
collection of Component 2 data for 2017 and 2018. The EEOC anticipates that the helpdesk will
launch sometime in the next three weeks.

EEOC also notified the Court that the long-awaited confirmation of EEOC Commissioner Janet Dhillon may occur as early as next week.  Her nomination has been pending since June 2017.  With Dhillon’s confirmation, EEOC would finally have a quorum with three confirmed Commissioners – Acting Chair Victoria Lipnic and Charlotte Burrows.  Though two vacant seats would still remain.

We will continue to monitor this matter and will provide any updates as they become available.

Tags: EEO-1, EEO-1 Component 2, EEO-1 Pay Data Reporting, EEOC, EEOC Commission, EEOC Commissioner Charlotte Burrows, EEOC Commissioner Victoria Lipnic, Equal Employment Opportunity Commission, Janet Dhillon, Judge Tanya S. Chutkan, NORC at the University of Chicago, NORC Helpdesk, Notice of Appeal, Office of Management and Budget, OMB
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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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