What You Should Know about EEOC's Proposal to Collect Pay Data

On July 14, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its revised proposal to collect summary pay data by race, ethnicity, and sex from employers that already file the EEO-1 report.

For information on the proposal, why the EEOC is proposing pay data collection, and for further details visit this webpage.

EEOC to Hold Public Hearing On Proposed Changes to EEO-1 Form

Commission Will Hear Input from Stakeholders on Collection of Pay Data

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, March 16, at 9:30 a.m. (Eastern Time), at EEOC headquarters, 131 M Street, N.E., Washington, D.C.

On Feb. 1, 2016, under Title VII of the Civil Rights Act of 1964, EEOC published proposed revisions to the EEO-1 Form to include collection of pay data. The notice requested public comments on the proposed changes by April 1, 2016 and stated that a hearing would be held. The following individuals will provide feedback to the Commission at the March 16 hearing:

• Margot Dorfman, U.S. Women's Chamber of Commerce
• Michael Eastman, Equal Employment Advisory Council
• David Fortney, Fortney & Scott, LLC
• Jocelyn Frye, Center for American Progress
• Ariane Hegewisch, Institute for Women's Policy Research
• Elizabeth Hirsh, University of British Columbia
• Lisa Maatz, American Association of University Women
• Emily Martin, National Women's Law Center
• Elizabeth Milito, National Federation of Independent Business
• Janese Murray, Exelon Corporation on behalf of the Society for Human Resource Management
• Camille Olson, Seyfarth Shaw LLP on behalf of U.S. Chamber of Commerce
• Hilary O. Shelton, NAACP
• Gary Siniscalco, Orrick
• Betsey Stevenson, University of Michigan
• Amanda Wood, National Association of Manufacturers

Members of the public and press are cordially invited to observe. Seating is limited, and EEOC encourages visitors to arrive 30 minutes before the meeting to be processed through security and escorted to the meeting room. Visitors should bring a government-issued photo identification card to facilitate entry into the building.

EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance

Littler Mendolson, Lexology

The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to include pay data as part of their Employer Information Report (EEO-1) form submissions, and issue enforcement guidance on unlawful retaliation.

Read the story here.

Related content:

• EEOC’s Proposed Guidance Broadens Scope of Unlawful Retaliation (Smith Debnam Narron Drake Saintsing & Myers LLP)
• EEOC Proposes Updated Guidance to Address Increasing Number of Retaliation Claims (Wyatt Tarrant & Combs LLP)
• EEOC Retaliation Guidance, Part 3: A “causal connection” checklist for employers (Constangy Brooks Smith & Prophete LLP)
• EEOC Seeks to Expand Retaliation Claims in Proposed Enforcement Guidance - Public Input Sought (Hunton & Williams LLP)
• EEOC’s Proposed (Anti) Retaliation Guidance: Is Your Whistleblower Response System Ready? (Littler Mendelson PC)
• EEOC Releases New Guidance on Retaliation (Manatt Phelps & Phillips LLP)
• Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance (Akerman LLP)
• EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades (Orrick, Herrington & Sutcliffe LLP)
• EEOC Retaliation Guidance, Part 1: You gotta be “protected”! (Constangy Brooks Smith & Prophete LLP)
• EEOC guidance on retaliation: make it easier for employees to prove their case (Reed Smith LLP)

EEOC Announces Proposed Addition of Pay Data to Annual EEO-1 Reports

Pay Ranges and Hours Worked to Be Included, Making It Easier to Spot Trends and Pay Discrimination

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today made public a proposed revision to the Employer Information Report (EEO-1) to include collecting pay data from employers, including federal contractors, with more than 100 employees. This new data will assist the agency in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces. The revised EEO-1 will be announced today in conjunction with the White House commemoration of the seventh anniversary of the Lilly Ledbetter Fair Pay Act.

Read the story here.

Related content:

• Remarks of EEOC Chair Jenny R. Yang at the White House Equal Pay Event, January 29, 2016
• Agency Information Collection Activities: Revision of the Employer Information Report (EEO-1) and Comment Request (Federal Register)
• Pay Data Reporting Proposal Published in Federal Register (Jackson Lewis PC)
• Employers May Soon Be Forced To Reveal Pay Information By Gender (Fisher & Phillips LLP)
• IS YOUR PAY EQUITY UP TO SNUFF? EEOC plans to start collecting pay data, and using it (Constangy Brooks Smith & Prophete LLP)
• Future EEO-1s may include employee pay data (Greensfelder Hemker & Gale PC)
• EEOC Proposes Major Change to EEO-1 Reporting: The Addition of Wage and Hours Worked Information (Phelps Dunbar LLP)
• The EEOC Proposes to Require Pay Data on EEO-1s (Venable LLP)
• Executive Action Will Require Companies to Disclose Gender Pay Data (INSIGHT Into Diversity)
• EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms (Ford & Harrison LLP )
• Reducing the Risks of Pay Discrimination Claims: Employer Pay Equity Audits (Ogletree Deakins)
• EEOC Announces Proposed Changes to EEO-1 Report Requiring Large Employers to Report Pay Data (Ogletree Deakins)
• EEOC Proposes Compensation Report to Accompany EEO-1 Report (Quarles & Brady LLP)
• EEOC proposes to target pay discrimination by collecting employers' salary and hours worked data (Stinson Leonard Street LLP)
• EEOC Proposes Significant Expansion of EEO-1 Reporting Requirements (Morgan Lewis & Bockius LLP)
• EEOC Proposes Burdensome Annual Collection of Pay Data on EEO-1 Forms (McGuireWoods LLP)
• Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register (Proskauer Rose LLP)

EEO-1 and VETS-100/100A deadlines are coming again — are you ready?

Lexology.com
Husch Blackwell LLP
Deena B. Jenab and Mary Elizabeth "Molly" Kurt
USA
July 26 2011

The annual deadline to file your EEO-1 and VETS-100/100A forms is September 30, 2011. Filing can begin as early as this summer. To help you, we have summarized the basic rules, including who is covered and what must be done.
What are these forms?The EEO-1 form is an annual report that categorizes employees based on ethnicity, race and gender, as well as by job category. The EEO-1 form uses data from any pay period in July, August or September of the filing year.

Full Story: http://www.lexology.com/library/detail.aspx?g=67f5f172-dd3d-4a49-b6ef-02e09026b5d2&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-08-05&utm_term=

REMINDER: EEO - 1 Survey Due September 30, 2009

U.S. Equal Employment Opportunity Commission
EEO Surveys

The EEOC collects workforce data from employers with more than 100 employees (lower thresholds apply to federal contractors). Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary. The data is collected using the reports below and is used for a variety of purposes including enforcement, self-assessment by employers, and research. Each of the reports collects data about gender and race/ethnicity by some type of job grouping. This information is shared with other authorized federal agencies in order to avoid duplicate collection of data and reduce the burden placed on employers. Although the data is confidential, aggregated data is available to the public.

In 2007, the EEO-1 report was modified. The major changes involved dividing the job category of "Officials and Managers" into two levels. Revised race/ethnic categories were also implemented. The EEOC plans to update the other reports to use the same race and ethnic categories as the new EEO-1 but, before doing so, will give respondents a full reporting cycle to change their recordkeeping.

EEO-1 Report
The filing deadline for the 2009 EEO-1 Report is September 30, 2009.

The EEO-1 Report, otherwise known as The Employer Information Report, is submitted to the EEOC and the Department of Labor's Office of Federal Contract Compliance Programs.
Revised survey information

EEO-3 Report
The EEO-3 Report, formally known as the Local Union Report, is a biennial survey conducted every other year in the even calendar years. The filing deadline was December 31, 2008.

EEO-4 Report
Notification letters for 2009 reporting will be mailed on August 10, 2009. For more information, go to EEO-4 Report.
The EEO-4 Report, formally known as the State and Local Government Report, is collected in odd-numbered years from State and Local governments. If you have questions about this survey, or to be placed on a mailing list you may email eeo4.survey@eeoc.gov, call the EEO-4 Coordinator at (202) 663-4947, or send a fax to (202) 663-7130.
State and Local Government Information (EEO-4) Instruction Booklet

EEO-5 Report
The EEO-5 Report, formally known as the Elementary-Secondary Staff Information Report, is a joint requirement of the EEOC, and the Office for Civil Rights (OCR) and the National Center for Education Statistics (NCES) of the Department of Education. It is conducted biennially, in the even numbered years, and covers all public elementary and secondary school districts with 100 or more employees in the United States. The filing deadline was September 30, 2008.
EEO-5 Survey
http://www.eeoc.gov/employers/surveys.html

EEOC EXTENDS EEO-1 FILING DEADLINE TO OCTOBER 15

EEO-1 Report
US Equal Employment Opportunity Commission

DUE TO PERIODIC PROBLEMS WITH THE SERVER THAT HOSTS THE EEO-1 ONLINE FILING APPLICATION, WE HAVE EXTENDED THE 2008 EEO-1 FILING DEADLINE FROM SEPTEMBER 30, 2008 TO OCTOBER 15, 2008.

The EEO-1 Report, otherwise known as The Employer Information Report, is submitted to the EEOC and the Department of Labor's Office of Federal Contract Compliance Programs. The filing deadline for the 2008 EEO-1 Survey has been extended from September 30, 2008 to October 15, 2008.

http://www.eeoc.gov/employers/surveys.html

OFCCP Update on EEO-1 Categories for AAPs

The OFCCP has issued interim guidance on the use of race and ethnic categories in affirmative action programs. The agency will allow contractors whose systems have been updated to conform with the EEOC's new racial and ethnic categories to use these data in their affirmative action programs (AAPs). They may also use the racial and ethnic categories used on the old form. The revised Standard Form 100 (EEO-1) must be filed by September 30, 2007. Until OFCCP issues final regulations, it will not cite a contractor for non-compliance solely because it chooses to use the new categories in its AAP. The interim guidance follows:

Interim Guidance on the use of Race and Ethnic Categories in Affirmative Action Programs

Beginning in 2007, employers, including Federal contractors, will report data about the racial, ethnic, and gender composition of their workforces on a revised Standard Form 100, Employer Information Report (commonly referred to as the "EEO-1 Report"). The revised EEO-1 Report must be filed for the first time by September 30, 2007.
The existing EEO-1 Report calls for workforce data to be broken down by nine job categories, using five race and ethnic categories. The revised EEO-1 Report changes the race and ethnic categories by adding a new category titled "two or more races" and dividing the category "Asian or Pacific Islander" into two separate categories - "Asian" and "Native Hawaiian or other Pacific Islanders." In addition, the approved revisions divide the Officials and Managers job category into two subgroups - Executives/ Senior Level and First/Mid Level Officials. More information about the revised EEO-1 Report, including a series of frequently asked questions and answers, may be found on the Equal Employment Opportunity Commission's website at http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.eeoc.gov/eeo1/index.html&exitTitle=Equal_Employment_Opportunity_Commission&fedpage=yes
OFCCP currently requires contractors to collect and maintain information about the gender, race, and ethnicity of their employees in the five race and ethnic categories used on the previous EEO-1 Report: Blacks, Hispanics, Asians/Pacific Islanders, and American Indians/Alaskan Natives. In light of the changes to the EEO-1 Report, OFCCP is drafting proposed amendments to the recordkeeping and affirmative action program (AAP) regulations at 41 CFR parts 60-1 and 60-2 designed to require the use of consistent race and ethnic categories in the Executive Order program. The agency plans on publishing its proposed regulatory changes in the Federal Register for a sixty-day public comment period in the near future. The agency will review and consider the public comments before deciding on the final race and ethnic categories contractors will be required to use under the Executive Order
OFCCP understands that many contractors already have taken significant steps to develop and implement new data systems for collecting and reporting the race and ethnicity data required by the revisions to the EEO-1 Report, while other contractors have either delayed implementation, awaiting further instructions from the OFCCP, or faced difficulty in making the required system changes. OFCCP also recognizes that contractors will need to begin collecting data under these new standards before they are able to use such data in their AAPs and other records produced during compliance evaluations.
Accordingly, until final rules and guidance are provided by OFCCP, as a matter of enforcement discretion, the agency will not cite a contractor for non-compliance solely because it utilizes the race and ethnic categories required by the revised EEO-1 Report when preparing its AAP. Contractors also are permitted to prepare their AAP using the racial and ethnic categories provided under OFCCP's current regulations.
Nothing in this interim guidance is intended to prohibit more detailed data collection by a contractor. Thus, contractors are free to collect and maintain more detailed demographic data than is required to complete the revised EEO-1 Report. OFCCP commends efforts by contractors to collect and analyze workforce data in a manner that allows them to meaningfully examine their progress towards equal employment opportunity.
This announcement also has no effect on how the agency will examine a contractor's overall good faith efforts, or its compliance with recordkeeping, nondiscrimination or affirmative action requirements, beyond the above interim enforcement guidance. OFCCP will continue to rely on Census data, labor market data, or other information to assess a contractor's employment practices when the contractor has not maintained sufficiently detailed information regarding the effect of its employment practices on minorities and women.

http://www.dol.gov/esa/regs/compliance/ofccp/EEO-1%20Interim%20Guidance.htm