Breaking News: Update to Seyfarth Alert Regarding the Stay of “Component 2” of the Revised EEO-1 Report

Seyfarth Synopsis: In update to our alert yesterday, Acting Chair Victoria Lipnic released a statement regarding the Office of Information and Regulatory Affairs’ (“OIRA”),  decision to stay the implementation of the pay data collection portions of the Revised EEO-1 Report.  The statement advised that employers should plan to complete and file the EEO-1 Report used in previous years (also known as Component 1) by March 31, 2018.

What Is the Status of the Revised EEO-1 Report?

As reported yesterday, the pay collection components of the Revised EEO-1 Report have been stayed effective immediately. Since our alert, Acting Chair of the Equal Employment Opportunity Commission (“EEOC”), Victoria Lipnic, issued a statement advising employers that the EEO-1 Report used in previous years (also known as Component 1 of the Revised EEO-1 Report) should be submitted by the March 31, 2018 deadline. We are seeking clarification regarding the snapshot dates that may be used for purposes of the March 31, 2018 filing.

In her statement, Acting Chair Lipnic advised that the EEOC will review the order from OIRA (available here) and consider options for moving forward. She encouraged a prompt discussion of more effective solutions to ensure equal pay.

We will continue to monitor this situation and provide additional information as it becomes available.  Despite the stay on gathering and reporting wage information on the EEO-1 Report, equal pay continues to be of significant interest to the EEOC and OFCCP. Accordingly, employers should continue to take proactive measures to ensure that their pay practices are applied without regard to gender and race/ethnicity.