EEOC Will Not Seek To Renew Component 2 (Pay And Hours Data) Requirements For Future EEO-1 Reports

The EEOC announced today, September 12, 2019, that it "is not seeking to renew Component 2 of the EEO-1" in a notice published on the Federal Register.

As we have previously reported, Component 2 of the EEO-1 report requires employers with over 100 employees to report its employees' compensation and hours worked (sorted by pay band, job category, race ethnicity, and gender). The Obama Administration initially adopted the addition of Component 2 reporting requirements, but its implementation was stayed by the Office of Management and Budget ("OMB") in 2017. The OMB stay was challenged in National Women's Law Center et al v. Office of Management and Budget, where the federal district court for the District of Columbia ruled that the OMB failed to sufficiently justify blocking the implementation of the Component 2 requirement. Subsequently, in April 2019, the court ordered that covered employers must report Component 2 data by September 30, 2019. The EEOC's