The EEOC previously informed employers that it would not be seeking pay data for the 2018 EEO-1 reporting period despite the reinstatement of the pay data collection rule. The Hon. Tanya S. Chutkan of the United States District Court for the District of Columbia issued an order today requiring the EEOC to collect 2018 pay data by September 30, 2019. For further information on the pay data collection requirement, see our prior alerts: and

In addition to setting a September 30th deadline, Judge Chutkan ordered the EEOC to collect a second year of pay data. The EEOC has until May 3, 2019 to decide whether it will collect 2017 pay data or 2019 data in the 2020 reporting period. Additionally, a statement must be issued on the EEOC website informing employers of the Court’s decision no later than April 29, 2019.

Takeaway for Employers

Large employers with 100 or more employees are now required to provide data on wage information and hours worked for all employees by race, ethnicity, and sex by job category for 2018. Employers should begin to collect pay and hours worked data as soon as possible in order to comply with the September 30, 2019 deadline. Employers are still required to submit their 2018 EEO-1 reports, which include employees’ race, ethnicity, and sex by job category by May 31, 2019. As always, we encourage you to contact us for assistance in complying with your EEO-1 reporting requirements.

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If you have any questions regarding your EEO-1 reporting obligations, please do not hesitate to contact us.

Putney, Twombly, Hall & Hirson LLP