Seyfarth Synopsis: The U.S. District Court for the District of Columbia vacates the Office of Management and Budget's ("OMB") prior order staying the implementation of the revised EEO-1 Report which required employers to report W-2 wage information and total hours worked.
On March 4, 2019, the U.S. District for the District of Columbia issued an opinion reinstating the EEOC's collection of pay data as part of the EEO-1 Report filing. The revised EEO-1 form was an Obama-era change that would have required employers with 100 or more employees to report W-2 wage information and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.
The pay data collection requirement was originally slated to go into effect on March 31, 2018, but stalled after the Office of Management and Budget ("OMB") stayed the implementation of the pay data collection portions of the revised EEO-1 Report. That decision prompted a lawsuit by the National Women's Law Center and the Labor Counsel for Latin American Advancement against the OMB and the EEOC.
In its decision, the Court concluded that OMB's action staying the EEOC's pay data collection tool was an "illegal" arbitrary and capricious decision that lacked a "reasoned explanation." As a result, the Court vacated the stay and ordered that the previously approved revised EEO-1 Report that required the collection of pay data form shall be in effect. We anticipate that the Court's decision will be appealed.
Seyfarth Shaw offered testimony on behalf of the U.S. Chamber...