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UPDATE: Court Confirms that Employers Are to Provide Pay Data to EEOC by Sep. 30

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On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. In addition, Judge Chutkan ordered the EEOC to collect a second year of pay data and choose between collecting employers’ 2017 data or 2019 data at a future date.

The EEOC was further ordered to put information on its website informing employers of its decision by April 29 and of which second dataset it will collect by May 3. Employers should consider monitoring for additional information and updates.

Employers who are subject to EEO-1 reporting requirements should also consider taking immediate steps to implement and gather the new data necessary to comply with these new reporting requirements.