The EEOC has been ordered to collect employers’ EEO-1 Component 2 pay data by September 30, 2019. The D.C. District Court issued the order after finding back in March 2019 that Office of Management and Budget (OMB’s) decision to stay the collection of Component 2 pay data lacked the reasoned explanation required by the Administrative Procedure Act. See our prior blog posts here, here, and here about National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C.). Since then the court has been critical of the EEOC’s compliance with its order, and held a status conference and a hearing in March and April. READ MORE
Jinnifer helps Orrick’s technology, retail and finance clients solve their most complex employment challenges. Her practice focuses on employment litigation and counseling, and she has handled wage-and-hour class actions as well as discrimination, harassment, and retaliation cases.
After working at Orrick for several years, Jinnifer gained an in-depth perspective of litigation as a clerk for the Ninth Circuit Court of Appeals and the Eastern District of California.
Jinnifer is a past recipient of Orrick’s Global Award for Diversity and Inclusion. She serves on the board of the Asian / Pacific Bar Association of Sacramento (ABAS), and previously served on the board of the Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL). She was also a committee member of the Sacramento County Bar Association Diversity Fellowship.
She earned her
J.D. in 2007 from the University of the Pacific, McGeorge School of Law
graduating with great distinction and Order of the Coif. Prior to law
school, Jinnifer worked as a programmer analyst, and she holds a B.S. in
Computer Science Engineering.
Posts by: Jinnifer Pitcher
Despite some initial news stories to the contrary, uncertainty still remains as to whether and when employers will be required to submit Component 2 pay data to the EEOC. See our prior posts here and here. On March 19, 2019, the parties in National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C.), participated in a status conference at which they discussed precisely when the EEOC planned to collect Component 2 pay data. The court asked the EEOC why it could not require employers to file Component 2 data by either May 31, 2019, the deadline by which employers are required to submit Component 1 data, or September 30, 2019, the expiration date of the authorization to collect Component 2 data under the Paperwork Reduction Act. READ MORE
The status of the revised EEO-1 form remains unclear, see our prior post here. While the EEOC is currently accepting 2018 EEO-1 Component 1 data, the EEOC does not appear to be accepting Component 2 pay data yet. Instead, the EEOC has stated that it is “working diligently on next steps in the wake of the court’s order in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), which vacated the OMB stay on collection of Component 2 EEO-1 pay data. The EEOC will provide further information as soon as possible.” Stay tuned for additional updates.
Uncertainty continues for the EEOC’s attempt to expand the collection of employers’ pay data. Last Monday, the D.C. District Court in National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C. Mar. 4, 2019), reinstated the EEOC’s revised EEO-1 form that increases employers’ obligation to collect and submit pay data. READ MORE