If you followed our Monday Morning Minute the past few weeks, you know that Spognardi Baiocchi wrote about the EEO-1 Component 1 and 2 deadlines as well as the court battle that has been taking place surrounding the pay data due date. As an update to the proposed EEOC's deadline of September 30, 2019 for EEO-1 pay data, the National Women's Law Center (NWLC) has filed a response.
On April 8, the NWLC filed its response that objected to the proposed deadline of September 30, 2019 for the pay data collection and instead insisted that both Component 1 and 2 data should be due by May 31, 2019. It further asked the court to require the EEOC to show cause by April 19 if the EEOC cannot open the pay data collection in time.
The NWLC also asked the court to require an extension of the pay data collection requirement [generally] given that the requirement is currently scheduled to end on September 30, 2019 under the Paperwork Reduction Act.
At this time, despite the current state of the EEOC's data systems, it is unknown if the court will approve the EEOC's recommendation of a deadline of September 30, 2019 for pay data collection. There are many legal avenues being explored to delay the collection of such pay data beyond May 31, 2019, however at this time the only thing that is certain is uncertainty.
Prudent employers should start thinking about how it would collect and safeguard the pay data for submission by May 31st if the court so requires.
Spognardi Baiocchi will continue to monitor this situation. Contact any attorney for further discussion on this topic.