On March 4, 2018 the United States District Court for the District of Columbia in National Women’s Law Center et al. v. Office of Management and Budget, No. 17-CV-2458, held that the Office of Management and Budget’s stay of the 2017 EEOC requirement that compensation be provided in the Revised EEO-1 report [required for employers with 100 or more employees or government contractors with 50 or more employees and a contract of $10,000 or more] should be set aside. On March 18, the EEOC opened its EEO-1 – Online Portal to receive the EEO-1 filings on or before May 31, 2019. The EEOC stated that it is diligently working on next steps in view of the Court’s above-referenced order, but did not provide any more definitive information. On March 19, 2019, in response to the National Women’s Law Center’s request for a status conference, the Court ordered the EEOC to inform the Court by April 3, 2019 of the EEOC’s timeline for employers to provide the paid data collection.
We do not know whether employers will be required to provide the data by May 31, 2019, whether that deadline will be extended or whether the pay data may not be required until next year. We will attempt to keep you posted.
The foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation and should not be relied on as such. Please contact one of our labor and employment lawyers if you have any questions.
This update was prepared by Charles S. Elbert.