On Thursday, April 25, the District Court judge for the D.C. circuit ruled that employers required to submit the EEO-1 report must submit compensation data by September 30, 2019. This compensation data would cover persons employed during 2018. The judge also ruled that the Equal Employment Opportunity Commission (EEOC) must collect compensation data for either calendar year 2017 or calendar year 2019.

The District Court judge ordered the stay in collecting compensation data that was imposed by the Office of Management and Budget (OMB) should be lifted. The judge further ordered that the form approved by OMB in 2017 to collect compensation data shall remain in effect until April 5, 2021.

EEOC was ordered to issue a statement no later than April 29, 2019 regarding the submission of compensation data for 2018. This statement should also contain EEOC’s decision whether to collect compensation data for 2017 or 2019. If EEOC is unable to determine whether it will collect compensation data for 2017 or 2019 by April 29, the District Court judge ordered that EEOC must make a decision and issue a statement by May 3, 2019.

While there may be appeals and other actions in this case, employers subject to the compensation reporting provisions for the EEO-1 report should consider how they will file the compensation component that was previously approved by EEOC. We will provide further information on this compensation component as EEOC updates its website. The judge’s April 25 decision regarding the filing of compensation information as part of the EEO-1 report can be found on our website.