By Susan Schoenfeld, JD, Senior Legal Editor
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Get Your Report Now!The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor recently published a proposal to revise the EEO-1 reporting form in order to annually collect summary pay data by gender, race, and ethnicity from businesses with 100 or more employees. A copy of the proposed form is available on the EEOC’s website.
The proposed revision would require the employers with 100 or more employees to submit an annual report on pay data as part of EEO-1 reporting, beginning in September 2017. The proposed revisions to the EEO-1 report and request for comments were published in the Federal Register on February 1, 2016, with all comments due 60 days after publication, on April 1, 2016.
Proposed revisions to the EEO-1 report
The EEOC’s proposal would revise the EEO-1 report in the following ways:
- The EEO-1 report would be used to collect W-2 compensation and hours-worked data by pay band for employers that have 100 or more employees beginning with the 2017 report.
- The pay data would be grouped in 12 pay bands, at the same pay intervals the U.S. Bureau of Labor Statistics (BLS) uses in its Occupational Employment Statistics survey.
- The new data will assist the EEOC in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.
In the proposed rule, the EEOC has requested feedback from employers on how to state, or calculate, the number of hours worked for "salaried" employees and suggests that employers assume they work 40 hours a week.
The Office of Federal Contract Compliance Programs (OFCCP) issued a controversial, and highly criticized, proposed rule in 2014 that would have required covered federal government contractors to submit pay data via EEO-1 reports. When, or if, the EEOC's proposed rule is adopted, it would replace the OFCCP's proposed rule.
The EEOC will hold a public hearing to solicit further comment on the proposed changes at a time and date to be announced. BLR will be following and reporting on any developments on the proposed changes.
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 Susan Schoenfeld, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications. Ms. Schoenfeld has practiced in the area of employment litigation and counseling, covering topics such as disability discrimination, wrongful discharge, sexual harassment, and general employment discrimination. She has litigated numerous cases before the U.S. Court of Appeals, state court, and at the U.S. Department of Labor.
In addition to litigating employment cases in state and federal court, she provided training and counseling to corporate clients regarding employment-related issues. Prior to entering private practice, Ms. Schoenfeld was an attorney with the Civil Rights Division at the U.S. Department of Labor in Washington, D.C., where she advised federal agencies, drafted regulations, conducted inspector training courses, and litigated cases for the Office of Federal Contract Compliance Programs, the Directorate of Civil Rights, and the Mine Safety and Health Administration. Ms. Schoenfeld received her undergraduate degree, cum laude, with honors, from Union College, and her law degree from the National Law Center at George Washington University.
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Questions? Comments? Contact Susan at sschoenfeld@blr.com for more information on this topic
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