Today, the EEOC announced that it would continue to accept EEO-1 Component 2 data from employers after the formal September 30, 2019 deadline. The announcement, which came via a Status Report filed with the federal district court that ordered the data collection, indicates that the EEOC intends to leave the Component 2 portal open to collect data as long as the court’s order remains in effect, stating that the collection "will not be complete until it reaches what the Court has determined to be the target response rate." As of Wednesday, September 25, approximately 40 percent of eligible filers had completed submission of their EEO-1 Reports. The current target for the collection to be deemed “complete” is 72.7 percent.

As a practical matter, this means that while no formal “extension” has been granted, employers who have experienced difficulty filing their Component 2 reports due to technical issues will still be able to file after the September 30, 2019 deadline. At this point, however, we have no way of knowing how long that window will be, so employers are encouraged to file as soon as possible.

We will continue to update you on important developments regarding the Component 2 data collection. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org .