At a hearing on April 16th, the Equal Employment Opportunity Commission (EEOC) said it wasn’t feasible to collect employee pay data by May 31st when all other EEO-1 data is due.

EEOC Chief Data Officer, Samuel Haffer, testified that moving the reporting deadline for pay data any sooner than September 30th would cause the third-party contractor tasked with updating the data collection processes and systems to allow for such collection of pay data to walk away from the project. The EEOC proposed the September 30th deadline earlier this month in response to the court order reinstating the pay data collection requirement.

The federal judge has given the parties—the EEOC and worker-advocacy groups—until Monday, April 22nd to submit written summaries of the April 16th hearing with proposed orders and supporting case law. During the hearing, the judge expressed concern that the EEOC was slow rolling the process; wanting to know what the EEOC had implemented already knowing this data needed to be collected by some deadline sooner or later.

Covered employers will still need to submit Component 1 data—the number of employees by job category, race, sex, and ethnicity—by the May 31st deadline and should proceed accordingly. Covered employers will want to consider how they will go about collecting and reporting Component 2 data—hours worked and pay data by race, ethnicity, and sex—knowing it will have to be reported by September 30th or possibly an earlier date.

NAE will continue to monitor the latest developments and update Nevada employers accordingly. To make sure you stay informed, join our mailing list.