Client Alerts & Insights
Employers Must Provide Pay Data to the EEOC By September 30th
April 26, 2019
Authored By:
On April 25, 2019, the United States District Court for the District of Columbia imposed a deadline for compliance with its March 2019 ruling that all employers with 100 or more employees must provide pay data to the Equal Employment Opportunity Commission in conjunction with their required annual EEO-1 reports. Yesterday’s ruling, which also applies to federal contractors with 50 or more employees, would require affected employers to provide their 2018 data to the EEOC by September 30th, and provide a second year dataset to be determined by the EEOC. The EEOC has until May 3rd to announce whether employers will also be required to provide pay data for 2017, or whether it will opt to collect 2019 data in the future.
The data to be included in the revised report includes information on the wages and hours worked by employees broken down by job category, pay band, race, ethnicity, and gender.
The court’s ruling comes after the National Women’s Law Center and the Labor Council for Latin American Advancement successfully challenged the Trump administration’s decision to roll back the pay data component in 2017. The pay data component of EEO-1 reporting was originally adopted by the Obama administration.
The EEOC had indicated that it would use private contractors to handle to volumes of additional data required to be collected by September 30, 2019.
The EEOC must update its website to provide employers with additional detail needed to comply this ruling. While there is a chance that the order could be appealed or stayed, businesses should begin compiling the required pay data in advance of the deadline, and conduct a thorough review of the data prior to disclosure to identify and investigate any discrepancies.
For more information on this topic, please contact a member of the firm’s Labor & Employment Practice Group.
Margo Wolf O’Donnell at modonnell@beneschlaw.com or 312.212.4982.
Daniel J. Cianchetta at dcianchetta@beneschlaw.com or 216.363.6227.
Latest News
Social Media Might Have to Rethink Platform Design and Features as Courts Reject Communications Decency Act, Section 230 Defense
On April 10, 2026, on appeal from a motion to dismiss, the Massachusetts Supreme Judicial Court held that section 230 of the Communications Decency Act did not bar Massachusetts’s claims that Meta engaged in unfair business practices by creating a platform that was addictive to teens and failing to warn the public about it.
SDNY Bankruptcy Court: Solvent Debtors Face Higher Hurdle to Avoid Default Interest Under 11 U.S.C. § 506(b)
Key Takeaways Following a recent decision from the U.S. Bankruptcy Court for the Southern District of New York, solvent debtors …
$2B Trade Secrets Verdict Overturned by the Virginia Supreme Court
Recently, the Virginia Supreme Court vacated a $2B jury award and ordered a new trial in a state trade secrets action. The justices held that the circuit court judge made four significant errors leading to Virginia’s largest jury award. Significantly, according to the justices, the circuit court judge put an improper burden of proof on defendants to show that its sales were unrelated to the misappropriation to avoid plaintiff being awarded defendant’s full sales revenue as opposed to the plaintiff having the burden to show defendant’s actions proximately caused plaintiff’s damages.
Ohio Senate Introduces Bipartisan Bill to Establish Paid Family and Medical Leave
On April 23, 2026, a new bipartisan bill was introduced in the Ohio Senate that would provide paid family and medical leave to Ohio workers. Sponsored by Democrat Beth Litson and Republican Louis W. Blessing III, Senate Bill 396 largely mirrors programs already established in several other states, including California and New York.