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March 7, 2019

Federal Court Revives EEOC Gender Pay Data Collection Rules

Companies with more than 100 employees will soon have to report pay data to the U.S. Equal Employment Opportunity Commission, following a recent court ruling reviving a delayed Obama-era reporting requirement. The pay disclosures were finalized by the U.S. Equal Employment Opportunity Commission in the summer of 2016, but the Trump Administration’s Office of Management and Budget froze the expanded requirements in August 2017 to study the requirements and the burden it would place on employers. The National Women’s Law Center and other advocacy groups sued, and now a federal judge has ruled in their favor, saying that the government didn’t properly justify its decision and reinstating the previously approved EEO-1 form, including pay data collection. 

The new requirement could go into effect as soon as this spring, depending on whether the Administration will appeal the District Court’s decision and whether the EEOC will extend the deadline for employers to submit their EEO-1 flings. The deadline was already extended to May 31, 2019, due to the recent federal government partial shutdown.