Form EEO-1 Summary Compensation Data, Part II
The D.C. District Court’s follow up Order (issued verbally from the bench April 25, 2019, written Order posted in Court’s docket folder April 26, 2019 and will be linked here once made public) to its March 4th Order vacating the OMB’s stay on the Component 2 summary compensation data collection, requires the EEOC to collect and employers to report, Component 2 data by September 30, 2019. This deadline is at odds with the realities of both employers’ ability to provide the data, and the EEOC’s ability to receive and process it to a standard that the EEOC’s Director of its Office of Enterprise Data and Analytics (OEDA, responsible for administering all of the Commission’s EEO data collections) believes to be reliable, and as an added bonus, will cost the EEOC $3+ million for the one time collection (using an outside contractor to collect the 2018 Component 2 data until EEOC technology can be upgraded). If upheld on appeal, the Court’s September 30 deadline will result in a large percentage of applicable employers failing to report the data, and many employers scrambling to try and meet the deadline. Additionally, the Court “tolled” the expiration of the OMB approval for the data collection for the same period of time which the (overturned) stay was in effect, extending that approval period until April 5, 2021. For an appeal, in addition to the Court’s determination that the OMB’s stay was “arbitrary and capricious,” there are other issues, including the Plaintiffs in this case having the proper standing to bring the claim in the first place, obviously found by the Court to exist, but subject to dispute. Additionally, there’s an issue of the Court’s jurisdiction in this case to enforce its Order vacating the OMB’s stay by overseeing, monitoring, or ordering the EEOC to take certain actions (the EEOC is really a party in interest, but named as a Defendant, which was never challenged by the DOJ - the EEOC applied for the OMB approval, received it, and later received a stay and honored it, none of its actions violated the PRA, it was the OMB’s stay that was struck down by the Court). There’s no indication yet about whether the Court intends to appropriate the $3+ million itself to pay the EEOC contractor to prepare the ad hoc system for the September 30 data collection, or will leave it to Congress to do that.