In a recent EmployNews article, we reported a federal district court decision reinstating Obama-era changes to the annual EEO-1 information collection process, which would require larger employers to submit employee salary information broken down by demographic classification. The court ordered the EEOC to implement the rules but did not address whether this requirement includes the imminent 2018 EEO-1 filing cycle.

The EEO-1 information is typically required by March but was delayed this year due to the government shutdown. Last week, the EEOC announced that its electronic portal for accepting EEO-1 filings opened March 18, with submittals now required by May 31. The notice includes a note stating that the EEOC is aware of the recent court decision and is “working diligently on next steps … .”  The notice does not advise employers to wait to submit EEO-1 information until a decision is made, nor does it indicate whether a supplemental filing will be required.

Reading between the lines, the EEOC does not appear ready to require salary information as part of the 2018 EEO-1 filings. The agency may seek a stay of the district court’s order through appeal, or it may interpret the decision as not applying to last year’s demographic information. Employers filing EEO-1s should pay close attention to these developments.