The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30. The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found here.
As we previously reported on here and here, Judge Tanya Chutkan had directed the EEOC to collect wage data for 2018. Judge Chutkan also gave the EEOC a choice of collecting wage data between 2017 and 2019 in addition to 2018 wage data. Despite the fast-approaching deadline, the EEOC chose to require employers to submit data for 2017 instead of 2019. Had the EEOC elected 2019 wage data, employers could have waited until 2020 to provide it to the EEOC.
The government may appeal Judge Chutkan’s decision, but because the deadline is quickly approaching, employers who are subject to EEO-1 reporting requirements may want to consider taking immediate steps to implement and gather the new data necessary to comply with the new reporting requirements.