Federal Court Judge accepts EEOC’s proposal to make employers submit 2018 pay data, and a second year of pay data chosen by EEOC.

As reported here in March, a U.S. District Court Judge reinstated EEOC data collection rules, adopted during the Obama Administration, aimed at identifying discriminatory pay gaps. The rule applies to employers who are subject to the EEOC’s longstanding EEO-1 annual reporting requirements (mainly, employers with 100 or more employees and federal contractors with 50 or more employees). The Trump Administration froze the rule, but several workers’ rights advocacy groups successfully sued to unfreeze the rule.

Under the judge’s order, the EEOC must post instructions to employers for pay data submissions by April 29. Also, by May 3, the EEOC must select a second year of pay data for collection. The Judge’s order gives the EEOC a choice between collecting employers’ 2017 data now, or 2019 data later.

Click here to read the EEOC’s announcements.

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Gary Savine is an Illinois employment lawyer and founder of Savine Employment Law, Ltd. Gary regularly advises companies and their human resources departments on recently enacted employment laws.