Although we are about a week from what has historically been the annual deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.

That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race or gender data.  On Friday, however, EEOC filed another request for approval with the Office of Management and Budget that, in a bit of housekeeping, seeks a new “control number” that unties the Component 1 data from the prior control number that also authorized collection of Component 2 pay data.  In September 2019, EEOC requested approval to collect Component 1 data under the prior control number, and announced that it would not seek to collect Component 2 pay data.

Aside from the housekeeping effort, EEOC also says that if, in the future, it seeks to again collect pay data, it will provide advance notice and allow for public comment.  In its notice, EEOC says:

Based on the Commission’s evaluation of the public comments…and the agency’s own burden calculations, and because the PRA requires an agency to demonstrate that the practical utility of the information collection outweighs the burden of the collection, the Commission cannot justify continuing to collect Component 2 data.

The EEOC believes that there should be a transparent and open process, aligning with the recommendations in the EEOC-commissioned 2012 study from the National Academy of Sciences (NAS), entitled “Collecting Compensation Data from Employers,” (NAS Study), that the EEOC:

  1. Develops a plan for using pay data before initiating any data collection. Clearly articulating the ultimate uses of the data will help determine both which data elements need to be collected as well as the best approach to collecting the data to ensure the validity, reliability, and utility of the data collected.
  2. Initiates a scientifically sound pilot study to test the pay data collection instrument and the plan for the use of the data; and
  3. Uses a definition of compensation that is measurable, collectable, and meaningful.

The public will have 30 days to comment on EEOC’s request for approval to collect Component 1 data, which also means that employers and federal contractors will not be able to file 2019 EEO-1 reports for at least another 30 days…and probably more.

Please stay tuned and we’ll let you know as soon as we hear anything about a new deadline.

Tags: 2019 EEO-1 report, EEO-1 Component 1, EEO-1 Reporting Portal, EEOC, Equal Employment Opportunity Commission, NAS Study, National Academy of Sciences, pay data reporting, Race and Gender reporting, 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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