Judge Vacates Stay of EEO-1 Pay Data Reporting ToolSouth Dakota Retailers Association - Jackson Lewis, PC 3/7/2019
As Bloomberg Law first reported, the U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the Equal Employment Opportunity Commission's (EEOC) pay data collection tool. As a result, the court has vacated the 2017 stay and ordered "the previous approval of the revised EEO-1 form shall be in effect."
The order was made at the conclusion of the court’s 41-page decision in the case of National Women’s Law Center v. Office of Management Budget.
After a delay because of the government shut-down, EEOC is slated to soon open the reporting portal for the 2018 EEO-1 Reporting period. Significantly, the portal was to be opened to receive EEO-1 data without employer pay data and employers have not been preparing data to submit pursuant to the stayed Component 2 (pay data collection) portion of the report. It is unknown at this point the impact of the court’s decision on the current reporting period. It also remains to be seen whether the government will seek to appeal the court’s decision.