Yesterday, US District Judge Tanya Chutkan held a hearing on the pay data component of the EEO-1 form (“Component 2”). In March, Judge Chutkan lifted the stay on collection of Component 2 data that had been imposed by the Office of Management and Budget, leading to much uncertainty about when employers would be expected to submit the data to the EEOC.

The EEOC states that it could, at considerable expense, establish a portal to collect the data so that the data could be collected by September 30. Workers’ rights groups are advocating for a May 31 deadline.

Yesterday’s hearing produced no clarity for employers. Judge Chutkan indicated that she would issue a ruling in the near future. We will continue to monitor developments and update our readers on this story.