Even as covered employers prepare to file their EEO-1 “Component 2” data reports by the September 30 deadline imposed by the Equal Employment Opportunity Commission (EEOC) on the order of a federal trial court, litigation challenging the validity of that order continues to progress before the U.S. Court of Appeals for the District of Columbia Circuit.

Last week, the U.S. Department of Justice (DOJ) filed its brief in the government’s appeal of the trial court’s March 2019 ruling in National Women’s Law Center v. OMB, arguing that the plaintiffs lacked standing to bring the case and that the trial court should have remanded the matter to the White House Office of Management and Budget (OMB) or the EEOC for further action.

This week, a coalition of business groups – including the Center for Workplace Compliance (CWC), represented by NT Lakis lawyers – filed a friend-of-the-court brief with the D.C. Circuit agreeing with DOJ’s arguments and also focusing on the district court’s failure to acknowledge the extensive record before OMB supporting that agency’s earlier decision to rescind the Component 2 reporting requirement.

Because DOJ did not seek to stay the district court’s March 2019 ruling as part of the government’s appeal, and because a decision by the D.C. Circuit in the case is highly unlikely before the September 30 Component 2 data filing deadline, covered employers should continue to prepare to file their Component 2 reports by that date.

Members of the Center for Workplace Compliance (CWC) can read more here.