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EEOC Proposes Collecting Pay Data for Evidence of Discrimination
On January 29, 2016, the EEOC announced proposed changes to the EEO-1 Report, which provides company employment data to the federal government (a sample can be found HERE).Only companies with (1) 100 or more employees, (2) fewer than 100 if part of an enterprise with 100 or more employees, or (3) federal contractors with 50 or more employees and a contract amount of $50,000 or more, are required to complete the EEO-1 Report. The EEOC defines an “enterprise” as a company that is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations). Employers must complete the form by September 30th every year and can do so electronically.
Currently, the EEO-1 provides the federal government with workplace data categorized by race, ethnicity, sex, and job category. The announced changes will require employers to submit pay data including pay ranges and hours worked. According to the EEOC Chair Jenny Yang, "Collecting pay data is a significant step forward in addressing discriminatory pay practices. This information will assist employers in evaluating their pay practices to prevent pay discrimination and strengthen enforcement of our federal anti-discrimination laws."
For now, the proposed changes can be viewed on the Federal Register’s website (found HERE) and in the Federal Register’s official publication. The public has until April 1, 2016 to submit comments. After that, the proposed changes (if adopted) will be required on the September 2017 annual report.
If you have any questions regarding the EEO-1 report or the proposed changes, please do not hesitate to contact Lynn Schonberg, Nick Lanphear or Ryan Neumeyer at 216-447-1551.