Get Ready – EEOC to Begin Collecting Pay Data Starting July 15, 2019

Labor & Employment Workforce Watch
July 2019

For businesses with 100 or more employees, now is a good time to begin reviewing internal systems and coordinating with vendors to collect employee pay information to submit to the EEOC. Many employers are already familiar with the EEO-1 Component 1 survey, which requires submission of employment data categorized by race/ethnicity, gender, and job category. For the first time, however, the EEOC will begin collecting employee pay information categorized by race, ethnicity, and sex. On July 15, the EEOC launched a web-based portal ( for employers to upload their data. Employers have until September 30, 2019 to provide employee pay information for calendar years 2017 and 2018. The EEOC’s attempts to gather pay data have been embroiled in litigation since 2017 when the Trump administration halted the collection of the pay data, which was implemented in the waning years of the Obama administration. In March 2019, a district court in Washington, D.C. ordered the EEOC to collect employee pay data by September 30, 2019. Although the Department of Justice is appealing the district court’s order to collect the pay data, the Department of Justice did not request a stay from the order, which means the September 30 deadline remains in place. Considering the potential complexity for compiling the pay information, and the fast approaching deadline, employers should get a jump start and begin compiling the relevant information now.