As it stands, employer pay data would need to be submitted by September 30, 2019.
On March 22nd we shared Judge Tanya S. Chutkan’s order to have EEOC and OMB inform employers on whether they’ll have to turn over employer pay data for the EEO-1 filing. That came with an April 3rd deadline, which was met yesterday with the following response: CLICK HERE TO READ THE RESPONSE.
- EEOC will need to modify or adjust the deadlines for employers to collect retroactively 2018 Component 2 pay data and submit the relevant data to the EEOC by September 30, 2019.
- Samuel C. Haffer, Ph.D. (EEOC Chief Data Officer) says the data processes used to collect EEO-1 demographic data are not capable of collecting employers’ 2018 Component 2 data.
- Dr. Haffer states, it would take nine months to modify the EEOC’s current processes to support the collection of large amounts of sensitive Component 2 pay data from 2018.
- The EEOC has determined that modifying its current processes is not currently a viable option for collecting Component 2 data from employers. Instead, the EEOC has determined that utilizing a data and analytics contractor is the only alternative.
- The contractor would perform the information collection for 2018, including providing the processes, procedures, and systems to undertake and close the collection by September 30, 2019, at a cost in excess of $3 million.
- Dr. Haffer warns that there is a serious risk that the expedited data collection process may yield poor quality data because of the limited quality control and quality assurance measures that would be implemented due to the expedited timeline.
- The EEOC informed the Court that it is able to undertake and close the collection of 2018 EEO-1 Component 2 data by September 30, 2019.
Some observations at this time:
- Nowhere does it state when they will start collecting the data and how you are to go about submitting it.
- The Court will need to consider this response and issue a decision.
OutSolve will continue to monitor the situation and share information as it becomes available.