The U.S. District Court for DC ruled March 4 that the EEOC must reinstate collection of Component 2 EEO-1 pay data immediately, which may require employers with 100 or more employees to submit reports of their workers’ wages and hours, broken down by race, gender and ethnicity, to the EEOC, retroactive to January 2018.

NPRC members suggested that a letter to EEOC may be helpful, to explain the difficulty in retroactive reporting, even for 2019, which would involve a largely manual effort to gather “hours” data for salaried and other workers that may not have accurate hours. Additionally, technical specifications have not been finalized to collect the Component 2 EEO-1 pay data. Employers and software developers need at least 6 – 9 months to design, develop, test and deploy programming to support any new reporting.

NPRC is strictly neutral as to the appropriateness or need for proposed changes to the EEO-1 annual report. However, we serve in part to offer constructive technical assistance to government policymakers concerning proposals that affect employment-related reporting.

We suggested a meeting with the Commission and other stakeholders to assess the earliest readiness of employers and the EEOC to execute the Component 2 reporting.