EEOC Officially Reinstates Pay Data Rule: Employers Required To Submit 2017 and 2018 Pay Data by September 30, 2019; EEOC Appeal of Decision Reinstating Pay Data Rule Will Not Affect Deadline.

Sullivan & Cromwell LLP - May 9, 2019

On March 4, the U.S. District Court for the District of Columbia vacated an August 29, 2017 decision by the OMB to stay the EEOC’s requirement that employers use a revised EEO-1 form to report pay data information by employee job position, gender, race and ethnicity.  Last week, the EEOC officially reinstated the pay data rule, stating that employers must submit the usual EEO-1 demographic data by the previously announced May 31 deadline, and the pay data for calendar years 2017 and 2018 by September 30, 2019.  Although the EEOC has filed a notice of appeal in the litigation, it has told employers that the appeal does not affect the requirement to submit Component-2 Data by September 30.