EEOC is officially able to close their collection of employer pay data for 2017 and 2018 filing years. Judge Chutkan granted EEOC’s motion requesting completion of the data collection. As previously discussed in this blog, EEOC has repeatedly requested the closure in recent months. On Friday, the Plaintiffs and Defendants filed a required joint status report, in which all parties agreed the EEOC may “wind down” the data collection. As of February 6, 2020, 89.2% of eligible filers have completed submission of Component 2 EEO-1 data for 2017 and/or 2018. Per the NORC and EEOC websites, data collection will close Friday, February 14, 2020 at 5pm ET.
Plaintiffs also requested that EEOC be required to provide notice at least sixty days before the planned date of disposal if EEOC decides not to retain the Component 2 pay data. EEOC responded that it currently plans to retain the collected Component 2 pay data. Based on this, per Judge Chutkan’s order, the court will not require EEOC to provide advance notice to Plaintiffs if they fail to retain the data. Additionally, the EEOC has no further obligation to provide status reports after the next status report, currently due on February 14, 2020.
Regarding the status of the 2019 data filing, both the EEOC and EEO-1 websites have statements confirming that the survey is not yet open. As a reminder, the EEOC is in the process of seeking approval for their information collection request for 2019-2021 for Component 1 data only. Stay tuned for updates.
By Amanda Bowman, Associate Principal Consultant at DCI Consulting Group