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Court Dismisses EEO-1 Component 2 Reporting Appeal


The U.S. Court of Appeals for the District of Columbia Circuit has dismissed as moot the appeal of the government in the case of National Women’s Law Center v. Office of Management and Budget.  The three-judge panel of the D.C. Circuit said that the government’s appeal was moot because the data had already been collected.  The government also asked the court to vacate Judge Chutkan’s earlier decisions but the panel sent the issue back to the Judge to decide. 

By way of history, the following events occurred:

  • On November 15, 2017 the National Women’s Law Center and the Labor Council for Latin American Advancement filed a lawsuit against the OMB, the Administrator of the Office of Information and Regulatory Affairs and the EEOC to seek to reinstate the Component 2 pay data report. 
  • On March 4, 2019 Judge Chutkan of the U.S. District Court for the District of Columbia ordered the EEOC’s EEO-1 pay data collection tool to be immediately reinstated.  
  • Judge Chutkan gave EEOC and OMB until April 3, 2019 to inform employers on whether they’ll have to turn over employer pay data in the EEO-1 filing. 
  • EEOC opted for 2018 and 2019 pay data submission. 
  • On November 25, 2019, OFCCP published in the Federal Register that it does not intend to use EEO-1 Component 2 pay data. 
  • In February 2020, Judge Chutkan declared the data collection complete.
  • On September 12, 2019 EEOC published in the Federal Register proposing that it will not seek to collect employer’s compensation data after the current collection ends.

OMB and EEOC had appealed Judge Chutkan’s decisions but didn’t ask the appeals court to stay the decisions while the appeal was pending.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.