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EEO-1 Component 2 portal finally closes

February 2020 employment law letter
Authors: 
Leslie Silverman and H. Juanita M. Beecher, Fortney & Scott, LLC

On February 10, 2020, U.S. District Judge Tanya S. Chutkan issued an order deeming the Equal Employment Opportunity Commission's (EEOC) collection of Component 2 pay data closed. In response, the EEOC announced on its website that no data would be accepted after 5:00 p.m. on February 14. According to its report to the court dated February 7, the agency collected W-2 pay and hours worked data from more than 89 percent of eligible employers. The EEOC filed a final report with the court on February 14.

Although the data collection is now complete, the Office of Management and Budget (OMB) is still appealing Judge Chutkan's ruling requiring the EEOC to collect the information, claiming she overstepped her authority in ordering the data collection and determining how and when it should occur. During recent oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit, however, the judges seemed confused about why the government is continuing its appeal.

EEOC issues its FY 2019 APR

The EEOC released its fiscal year (FY) 2019 Annual Performance Report (APR) on February 10, detailing its accomplishments from October 1, 2018, through September 30, 2019. The APR is issued annually in conjunction with the EEOC's congressional budget justification. In the report, the agency details its progress in achieving the goals and objectives set forth in its Strategic Plan for FY 2018-22 and highlights its performance and program results during the past year.

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