August 29, 2017

OMB orders the EEOC to stay pay data collection.

After six years of analysis, which included significant interagency consultations and multiple lengthy public notice and comment periods, the EEOC concluded that employee pay data was critical to enforcing the nation’s anti-discrimination and related civil rights laws. One year later, in a memorandum that was barely over one page long, OMB echoed three brief letters sent by the Chamber of Commerce and other industry lobbyists in 2017 and claimed there was no “practical utility” to the equal pay data collection.

November 15, 2017

We filed our lawsuit against OMB.

February 13, 2018

The government tried to dismiss the case.

It did not defend its decision on the merits and instead claimed that it was actively reconsidering the equal pay protection through a “multi-step reconsideration process.

February 27, 2018

We opposed the government’s motion to dismiss.

In subsequent filings we also pointed out statements from then-OMB Director Mick Mulvaney showing that, despite representing to the court in February 2018 that OMB was actively reconsidering the equal pay protection, Director Mulvaney testified he “has not looked at” the equal pay data collection rule since September 2017.

Summer 2018

Documents reveal industry lobbyists who objected to equal pay transparency had access to OMB leadership.

In records obtained by NWLC through FOIA lawsuits, industry lobbyists requested the rescission of the equal pay tool directly to OIRA leadership or senior staff repeatedly between February and August 2017. In that same period of time OIRA failed to respond to requests from NWLC, with support from approximately 90 other civil rights and women’s organizations, to meet with equal pay stakeholders to hear their views on the importance of the tool.

August 2018

Documents reveal Ivanka Trump played a role in this rollback.

Newseek: Ivanka Trump was more than complicit in Obama equal pay rollback—she had a hand in it, watchdog alleges

October 2018

We moved for summary judgement.

The administration had failed to provide any reasoned explanation or defense of is decision. We also demonstrated that OMB failed to conduct its own analysis and acted solely on requests from corporate lobbyists without any evaluation of their merits.

November 2018

Court ordered release of full Administrative Record.

The record revealed that OMB conducted no analysis of its own in halting the pay data collection, and instead merely parroted complaints from the Chamber of Commerce and other big business-backed lobbyists. In contrast, the administration failed to consider, let alone rebut, any comments it received in support of the pay data collection. Additionally, the administration failed to consider the impact that the elimination of the pay data collection would have on the EEOC’s antidiscrimination mission and the urgent need to close the wage gap.

February 7, 2019

Court rejected attempt to keep a key memo out of the lawsuit.

The government withheld from the Administrative Record a key EEOC memorandum that disavowed the stated reason for the stay. This memo, which was initially obtained by the ACLU, states that the lobbyists’ concern about the data file specifications—the only concrete justification the administration provided—did not warrant reconsideration. The EEOC’s analysis reached the exact same conclusions that we voiced in our lawsuit and that the administration’s arguments had denied. OMB’s actions were directly contrary to the only analysis undertaken by the government anywhere in the record.

March 4, 2019

Court declared stay unlawful, reinstated equal pay protection.

In a significant defeat for the Trump Administration, the court ruled that Trump’s OMB broke the law when it halted this critical tool. Specifically, the court concluded that by reversing its prior policy without any reasoned explanation, the administration violated the APA’s prohibition of “arbitrary and capricious” policymaking. As a result, the court fully reinstated the equal pay policy.

March 18, 2019

The administration inexplicably failed to include the pay data collection in the current year’s equal employment data collection from large employers—despite the court requirement to do so.

After a hearing one day later, the court then ordered the government to submit a plan for reinstating the equal pay protection.

April 3, 2019

The administration reversed its prior assertion that it would only need “one day” to comply with the court’s order and instead told the court that it needed months.

These statements echoed arguments made by corporate lobbyists for further delay.

April 8, 2019

In a new filing, we challenged the administration's failure to comply with the court order.

The government’s attempt to justify its failure to comply was baseless, and its proposal lacked assurances that it would complete the equal pay data collection promptly. The administration also appears to be attempting to use non-compliance to run out the clock on OMB’s three-year approval process for the data collection, set to expire September 30, 2019.

April 11, 2019

A federal judge ordered the Trump administration to appear in court.

The court ordered representatives from EEOC, OMB, and any other agency that has “particularized and thorough knowledge” of the issues raised by the administration to attempt to justify its delay to appear and be prepared to testify.

April 25, 2019

Court Orders Administration to Collect Equal Pay Data by September

A federal court ordered the Trump administration to take immediate steps to comply with its March 4, 2019 order by collecting data on worker pay by gender, race and ethnicity no later than September 30, 2019. It also ordered that the administration must fully compensate for its unlawful stay of this data collection by collecting two years of pay data, and it must provide regular reports to the court to ensure that it is on track to complete the data collection timely.