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Judge Requires Employers to Provide EEOC with Pay Data by September 30

Last Thursday, a federal judge for the U.S. District Court for the District of Columbia ruled that more than 60,000 employers will have to turn over worker pay data to the Equal Employment Opportunity Commission (EEOC) by September 30.

The Equal Employment Opportunity Commission (EEOC) has announced that employers must report pay data, broken down by race, sex and ethnicity, from 2017 and 2018 payrolls. The pay data reports are due Sept. 30. The EEOC also shortened the one month extension for employers to report other EEO-1 data, due May 31, to two weeks.

According to the judge’s ruling, employers must turn over two years of pay data to the agency, with fiscal year 2018 pay data due by September 30. The ruling said that the EEOC will choose the other year of pay data to be submitted—either from 2017 or 2019. Pay data from 2017 would be due by September 30, while 2019 data would not be due until Spring 2020.

Proponents of the ruling said that the collection will help narrow systemic pay gaps based on race, gender, and ethnicity but critics of the ruling have said that the collection will be burdensome for businesses, amounting to nearly $1.3 billion in annual compliance costs.


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