EEO-1 Saga Continues as Department of Justice Appeals Federal Court Ruling and EEOC Gains Republican Majority

May 10, 2019

As things stand, employers are still required to submit 2017 and 2018 EEO-1 pay data to the Equal Employment Opportunity Commission (from mid-July to September 30, 2019), but there is now a slim ray of hope that the requirement could be delayed by an appellate court or a new Republican majority on the Commission.

Background:  On April 25, 2019, the U.S. District Court for the District of Columbia ordered the EEOC to collect two years of pay data as part of the EEO-1 report.  The reinstated pay data report, originally ordered during the Obama administration, will require employers to report the total number of employees and total number of hours worked in 2017 and 2018 for 12 different pay bands (pay ranges), 10 different EEO-1 job categories, and 14 different gender and race/ethnicity groups by September 30, 2019.

This week, the Senate confirmed Republican Janet Dhillon as chair of the EEOC, with the strong support of HR Policy and other business groups.  Dhillon joins veteran Republican Commissioner Victoria Lipnic to create a 2-to-1 majority.  It remains to be seen whether the Commission takes any action to delay, revise or reverse the Obama Commission requirement.

Meanwhile, the Department of Justice this week appealed the district court ruling to the D.C. Circuit Court of Appeals.

Best advice:  Employers should still proceed as if the data will be required as currently ordered but the actions this week provide an outside chance of relief, which HR Policy will continue to seek, either through Commission or federal court action.  The next few weeks will be critical.