A federal court just killed collection of EEO-1 employee pay data dead. Happy Tuesday.


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It was all a dream. I used to read Word Up! magazine. Salt-n-Pepa and Heavy D up in the limousine.

I guess Notorious B.I.G. wasn’t exactly rapping about the U.S. Equal Employment Opportunity Commission requirement for employers with one hundred or more employees to file with the EEOC the “Employer Information Report EEO-1”.

Still, I’m gonna play some Biggie (clean version).

The tortured recent history of the EEO-1.

For a long time, that meant identifying employees by job category, sex, race, and ethnicity. But, then the EEOC decided to change it up. And starting in 2017, employers had to include employee pay data (also known as EEO-1 Component 2 data) with the EEO-1. The idea was that collecting this information in the aggregate could identify which industries may have pay disparities based on gender.

But that new reporting requirement never came to fruition. I blogged here about the White House Office of Management and Budget nixed the new reporting requirement.

Except, last April, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia changed that and ordered the EEOC to “take all steps necessary to complete the EEO-1 Component 2 data collections for calendar years 2017 and 2018 by September 30, 2019.”

Fast forward to February 2020.

About 89% of eligible filers have submitted EEO-1 Component 2 data for calendar year 2017 and 89.6% of eligible filers have submitted such data for the calendar year 2018. Judge Chutkan concluded that this collection satisfies the government’s obligations to complete EEO-1 Component 2 data collection for calendar years 2017 and 2018.

And that, my friends, is that.

Employer Takeaways.

Yes, larger companies still have to complete an EEO-1. However, you don’t have to provide any more employee pay data with the EEO-1.🙌❤️🎊🎉

When someone delivers bad news, they say don’t shoot the messenger. However, when an employment law blogger delivers the best HR news, they say send him sweets from the Milkbar.

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