As of September 25, 39.7% of EEO-1 filers had submitted pay data, while the court ordered response rate is 72.7%
The low response rate is likely due to many employers waiting until September 30th to report their data.
EEOC is encouraging all filers to submit their data as soon as possible if they haven’t done so already.
Outlook: The EEOC has announced that it does not plan to require employers to submit pay data in the future until it can reexamine the potential benefits and costs of collecting the data. Moreover, it is unclear whether the current commission will do anything with the data it collects as it has previously told the court that it will likely be unreliable. This posture could change with a different administration.