While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey.  As it has for years, EEOC will again this year look to collect race and gender data from eligible employers.  Component 1 of the EEO-1 (not to be confused with the controversial and litigation-embroiled pay data Component 2) is currently due to be filed with the EEOC by March 31, 2020.  However, the EEO-1 reporting portal is not yet opened.

As a reminder, last year, in the height of the Component 2 pay data reporting frenzy, EEOC submitted a request to the Office of Management and Budget (OMB) seeking approval to continue to collect the historical Component 1 report without again collecting the pay data report that is Component 2.  EEOC is still awaiting a response to its request.  As a result, the EEO-1 Survey portal remains closed.  The following message appears on the 2019 EEO-1 Survey Portal:

The 2019 EEO-1 survey is not yet opened. The EEOC is currently in the process of seeking approval under the Paperwork Reduction Act (PRA) to collect the EEO-1 survey for 2019, 2020, and 2021.  The EEOC is seeking to collect Component 1 of the survey and to discontinue the collection of Component 2 pay data.  See, EEO-1 60-Day PRA Notice. The opening of the collection will be announced by posting a notice on the EEOC home page and sending a notification letter to eligible EEO-1 filers. When the survey opens, the EEOC will provide online resources to assist filers with their submissions and the EEOC’s helpdesk will be available to respond to filer inquiries and to provide additional filing assistance (including, for example, guidance on processing mergers and acquisitions and other corporate changes).

The timeline for the opening of the portal is unknown at this time.

As for Component 2, the reporting portal remains open. EEOC has requested, and is still awaiting guidance from the court as to when the reporting obligation should be deemed satisfied allowing the agency to close the reporting portal.

We will provide any updates on either of the reports as soon as we have additional information.

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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…

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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