The plaintiffs in the lawsuit,
including the National Women's Law Center, wanted the EEOC to collect two years
of data, just as the agency was supposed to before the government halted the
collection in 2017.
Judge Tanya Chutkan of the U.S.
District Court for the District of Columbia sided with the plaintiffs. She gave
the EEOC the option of submitting 2017 pay data
along with the 2018 information by the Sept. 30 deadline or submitting 2019 pay
data during the 2020 reporting period. The EEOC has until May 3 to notify
the court of its choice.
Either way, employers will need to
submit 2018 pay data by Sept. 30.
Chutkan chastised the government for
not taking any meaningful steps during the stay or litigation to prepare for
collection.
The agency said it could make the
collection portal available to employers by July 15 and would provide
information and training to employers prior to that date, according to documents
filed with the court.
Source: SHRM