Employers have been furiously working to prepare their EEO-1 Component 2 submissions by the September 30 deadline.  Some employers who underestimated the task have asked us whether the EEOC’s submission portal will remain open after September 30 in case they are unable to complete their submissions in time.  Until now, our response has been “maybe.”

However, today the EEOC provided the following guidance to employers:

In a September 27, 2019 Status Report that was filed in the lawsuit discussing post-September 30th activities, the EEOC stated that so long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component 2 data for 2017 and 2018. The EEOC encourages all filers to submit their data as soon as possible.

In its report to the Court, the EEOC reported that “As of September 25, 2019, 39.7% of eligible filers have completed submission of Component 2 EEO-1 data.”  The Court’s target is a 72.7% filing rate.

Although the response rate is quite low, it is believed that many employers have been waiting until September 30 to file their EEO-1 submissions – because they need more time, see no reason to file early, or are holding out hope for a last minute stay of the requirement (which does not appear to be in the offing – sorry!).  Accordingly, although there is fear that the 72.7% response rate may never be hit, employers should not assume it will not be hit on or shortly after September 30.  Employers should therefore continue to work to meet the September 30 deadline, but be comforted that it appears likely they will have at least a few more days to make their submissions if necessary.

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.