New Jersey partner Lynne Anne Anderson joined the discussion for “Deadline Set on Reporting Pay Data to Government,” an article published in the Business section of Newsday. According to the article, the U.S. Equal Employment Opportunity Commission has set a fall deadline for employers of 100 or more workers to comply with a requirement to report pay data by race, ethnicity and gender, which was recently reinstated by a federal judge. This information has not been required in the past, and employers must provide 2017 and 2018 W-2 wages in 12 specific pay bands for each job category by September 30, 2019. The EEOC will engage a third-party vendor (NORC at the University of Chicago) at a cost of more than $3 million to modify the agency’s data collection capabilities.
Lynne believes that some uncertainty lingers, even with the deadline. “The DOJ could file an application for a ‘stay’ of the collection efforts pending appeal, or it could petition to collect the data in a different manner,” Lynne said. “The five-person EEOC Commission up until recently has been operating with only two members, but Janet Dhillon was recently confirmed by the U.S. Senate as chair of the EEOC, restoring a quorum in the agency,” said Lynne. “There’s still a lot of moving parts in terms of what may happen.”