#Pay Data Collection Requirements for EEO-1

[accountingac]

EEO - 1 Report- Complete Guide

Welcome to our comprehensive guide on the EEO-1 Report! Whether you are a business owner, HR professional, or simply someone curious about labor law compliance, this blog post will provide you with all the information you need. The EEO-1 Report is an essential tool for promoting workplace diversity and ensuring equal employment opportunities. In this complete guide, we will walk you through its purpose, who needs to file it, how to prepare and submit it accurately, and common mistakes to avoid.

What is an EEO-1 Report?

Equal Employment Opportunity Commission (EEOC) to collect data on workplace demographics and monitor employment practices. It requires employers to submit information about their workforce, broken down by job category, race/ethnicity, and gender.

By collecting this data, the EEO-1 Report helps identify any potential patterns of discrimination or underrepresentation within organizations. This information allows the EEOC to assess whether employers are providing equal opportunities for all employees.

The report consists of two components: Component 1 and Component 2. Component 1 focuses on collecting data related to race/ethnicity and gender across different job categories. On the other hand, Component 2 gathers additional pay data based on employees' W-2 earnings alongside their hours worked.

It's important to note that only certain employers are required to file an EEO-1 Report. Generally, private employers with more than 100 employees and federal contractors with more than 50 employees must comply with these reporting requirements.

The EEO-1 Report serves as a crucial resource in promoting workplace equality and diversity while enabling enforcement agencies like the EEOC to address any disparities that may exist in employment practices across various industries nationwide.

Purpose of the EEO-1 Report

The purpose of the EEO-1 report is to collect employment data from employers to support efforts in promoting equal opportunity and preventing discrimination in the workplace. This report provides valuable information about the representation of employees by race, ethnicity, and gender across various job categories. By analyzing this data, authorities can identify potential disparities or underrepresentation within organizations.

One key goal of the EEO-1 report is to ensure that employers are complying with federal laws regarding equal employment opportunities. It helps monitor progress towards creating a diverse and inclusive workforce by highlighting any gaps or imbalances that need attention.

Additionally, this data allows policymakers and researchers to track trends over time and assess the effectiveness of equal opportunity programs at both national and industry levels. It serves as a crucial tool for evaluating whether efforts to promote diversity are yielding positive results or if further actions are necessary.

Conclusion

In this complete guide to the EEO-1 Report, we have covered everything you need to know about this important reporting requirement. The EEO-1 Report serves as a vital tool in promoting equal employment opportunities and ensuring that workplaces are free from discrimination.

[coursy]

What is EEO-1 reporting – and why is it important?

What you need to know about EEO-1 Report.

The EEO-1 (Equal Employment Commission) report also known as employment information report and Standard form 100 form, is a form, certain employers must file out. It’s a kind of compliance survey, a company with more than a hundred employees required to file with the EEOC. According to the act, which is mandated by the federal regulation, requires the company to categorize the data by race, ethnicity, gender, and job category. This data basically consists of workforce data.

As the question always cloud the mind – who should file the EEO-1 report?

Here is the answer:

Every private firm with more than 100 employees must file an EEO-1 component 1 annual report.

If you are a federal contractor with an income of $50,000 or more annually, then you too, have to follow the regulation.

A federal contractor with 50 or more employees, too, has to file the EEO-1 report.

If you are controlled and affiliated by a company, and the total number of employees (including the affiliated and controlled company’s employee) surge above 99 in that case too, you are subject to file the report.

And the last one is if you act as an issuing and paying agent for U.S. saving bonds or serve as a depository of government funds.

How to collect your EEO-1 data?

While collecting the EEO-1 data for your company, one must incorporate the data from the “workforce snapshot period” which is any single pay period from October through December. Employers may also set discrete “workforce snapshot pay period” for 2019 & 2020.

What you require to document when it comes to filing the EEO-1?

Employers have to report their Company IDs and passcode, issued via the U.S. Mail for previous filers. In case, you are registering for the first time then you will receive that at the time of registration.

You also have to mention your company EIN (Employer Identification Number), NAICS (North American Industry Classification System) code, and DUNS (Data Universal Numbering System) number.

You have to disclose the address and EINs of all the firms and business locations.

Must account the job category of all employees including their sex and ethnicity.

Have you ever weighed upon what EEOC does with your report?

The data EEOC gathered through the EEO-1 Report is put to use to back and support civil rights laws, similar to “The Title VII of the Civil Rights Act of 1964”.

They used the statistics to analyze the numbers of women and minority workers in an organization, industry, or region. So, they can have a picture of how the industry or organization presenting the outnumbered groups in their workplace.

And here are some key details.

The deadline for submitting the EEO-1 Component 1 report for 2019 & 2020 has been extended to August 23, 2021.

Employers must include the employee who teleworks, in the report.

While determining the employees who must opt-in or opt-out, employers have to take in the only employee, who is on the payroll during the “workforce snapshot period”.

For more visit our Website

[siddhantgusain]

Pay Data Collection Requirements for EEO-1 reporting: Webinar

Learn about Pay Data Collection requirements for EEO-1 reporting. This online webinar provides step-by-step instructions.The deadline for filing your EEO-1 report is right around the corner! It is vitally important that you prepare this form correctly as the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs use your information to determine whether your company should be audited.

[besteccbest]

Intel Has Publicly Revealed Pay Data Showing Most Top Executives Are White Men

When Intel became the first major company to release its government data detailing employee pay information, the company's chief diversity and inclusion officer said in a statement that she hoped its move "will encourage others in the industry to do the same." The data revealed that 41 of 52 top executives making more than $208,000 (roughly Rs. 1.5 crores) a year were men and 37 were white. An analysis by Bloomberg, which first reported the data, showed that 1 in 4 white men at Intel are in the top salary band, while less than 10 percent of black employees are top earners.

But so far, none of the other big tech companies have committed to matching the chipmaker's transparency about employee pay data.

Microsoft said in an emailed statement that it "does not have anything more to share at this time" while noting that its median employee makes about $172,000 (roughly Rs. 1.2 crores) and that it is committed to equal pay. Google said it "had nothing more to share specifically" on the government data "at the moment" but highlighted other diversity statistics. Facebook also said that while it will continue to publish government data about its workforce demographics, it did not plan to release the pay data.

Apple, Amazon, Adobe, Dell, HP, and IBM offered no immediate response on releasing their data.

Several experts said that the chipmaker's voluntary release of the confidential data is unlikely to produce a groundswell of followers.

"It's unlikely to be widespread unless there's some kind of external pressure for it," said Donald Tomaskovic-Devey, a professor at the University of Massachusetts at Amherst who studies employment data. Not only might employers be concerned that the data will be misunderstood or paint them in a poor light but the US Equal Employment Opportunity Commission said it plans to shelve the rule requiring the pay data collection.

Under an Obama-era rule, the EEOC asked all employers with 100 or more employees to supply data about the number of US workers by race and gender across 10 broad job categories - the EEO-1 form that has been required for decades - as well as provide additional data breaking down those categories by pay band.

Pay advocates said collecting the data was intended to help reveal potential pay disparities. But some business leaders said the data did not reflect actual employee positions and was burdensome and costly to collect. In September, the EEOC said it planned to shelve the program, citing costs to employers and its "unproven utility." (Facebook cited this decision in its statement, noting that it is "keeping abreast of the department's recommendations for further reporting should that materialise.")

James Paretti - an attorney with Littler Mendelson who was a former chief of staff for EEOC Commissioner Victoria Lipnic, who voted against the rule - said he has not been having conversations with clients about releasing the data. "I doubt this will be indicative of a strong trend," he said, noting that "the conversations I've had most with my clients are about what an incredible amount of time, money and energy is going into [this]."

Companies may also choose not to release the data knowing that the EEOC is planning to drop the rule. "I think when you tell employers you're not going to do it anymore, it discourages them not only from reporting it but doing so publicly," said Jocelyn Frye, a senior fellow at the Center for American Progress, who worked on former first lady Michelle Obama's staff.

Intel chief diversity officer Barbara Whye said in a statement that the company released the data because "transparency and open sharing of our data enable us to both celebrate our progress and confront our setbacks." She said the company wants to "lead the industry in this space by raising the transparency bar for ourselves and, as a result, raising it for others."

She also said the company knows it "needs better female and underrepresented male representation in leadership positions in the US and worldwide. There is a gap in progression for women and underrepresented populations from senior management into our director and executive level ranks. These drops are preventable, and we are doubling down on our inclusion efforts, including a re-evaluation of leadership progression to make sure women and underrepresented groups are advancing within the company."

Many employers are hesitant to release their traditional EEO-1 form, which only collects US demographic data, not pay. When The Washington Post asked the 15 largest US banks to share that form, only two produced the form in its entirety for all three years requested.

Reveal from The Center for Investigative Reporting asked 211 of the largest technology companies for the original forms; it said in 2018 that only 30 had made them public for any year.

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Employers Should Review EEO-1 Guidance Before Pay-Data Reporting Deadline

The Equal Employment Opportunity Commission (EEOC) released a sample form, instructions and FAQs to help employers submit employee pay data—due to the agency by Sept. 30—sorted by job category, race, ethnicity and sex.

Earlier this year, employers were required to submit EEO-1 Component 1 data that lists employees by job category, race, ethnicity and sex. Component 2 asks for employees’ hours worked and pay information from their W‑2 forms, broken down into the same categories.

In 2017, the federal government decided not to gather Component 2 data, and worker advocates sued to force the EEOC to collect it. After a heated legal battle, the EEOC announced that employers must report Component 2 data from 2017 and 2018 payrolls by Sept. 30.

The EEOC’s website now provides information employers may need for filing Component 2 data, such as a sample form, an instruction booklet and FAQs for covered employers. The agency confirmed that the Component 2 online filing system will be available July 15, and additional instructions will come soon. The agency also will send login information to covered employers through the U.S. Postal Service and by e‑mail.

Collecting the Data

The EEOC uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns, according to the agency.

Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file Component 1 of the EEO-1 form. However, only employers with at least 100 employees, including federal contractors, must file Component 2.

Under Component 2, employers must report wage information from Box 1 of the W‑2 forms and total hours worked for all employees, categorized by race, ethnicity and sex, within 12 proposed pay ranges.

“Employers may not use gross annual earnings instead of W-2 Box 1 earnings,” noted Kiosha Dickey, an attorney with Ogletree Deakins in Columbia, S.C., and Jay Patton, an attorney with Ogletree Deakins in Birmingham, Ala.

[SHRM members-only HR Q&A: What are the filing requirements for the EEO-1 form?]

The report should show actual hours worked by nonexempt employees, an estimated 20 hours worked per week for part-time exempt employees, and 40 hours worked per week for full-time exempt employees.

As with Component 1 data, employers should select a pay period between Oct. 1 and Dec. 31 of the reporting year as the “workforce snapshot period” for Component 2 data, the agency guidance said.

“The only employees whose compensation and hours-worked data must be reported are those full- and part-time employees who were on the employer’s payroll during the workforce snapshot period,” Dickey and Patton explained.

Contentious Component

The federal government initially halted plans to collect pay data so it could review the appropriateness of the revised EEO-1 form under the Paperwork Reduction Act.

The worker advocacy groups that filed the lawsuit said the information would help them evaluate pay disparities and better serve their clients. Furthermore, requiring equal-pay data collection would “encourage companies to identify and correct pay disparities and allow the EEOC to more effectively and efficiently root out and address pay discrimination,” they argued.

Business groups, however, have opposed the requirement. “The EEOC’s pay-data collection rule creates another administrative burden for companies while raising questions about how the data will be used and analyzed,” said Brett Coburn, an attorney with Alston & Bird in Atlanta.

“Employers in today’s environment are acutely aware of the gender wage gap and recognize the importance of ensuring compliance with applicable federal and state requirements,” he said. “Without formal guidance on how the EEOC will assess and publish the data, the only certainty is that this new rule will create opportunities for litigation.”

Compliance Tips

“HR professionals can and should start preparing for expanded EEO-1 reporting now,” said Arthur Tacchino, J.D., chief innovation officer at SyncStream Solutions, which provides workplace compliance solutions.

HR professionals should identify where employee pay and hour data are stored and begin gathering that information or figuring out how to extract it, he said.

“Once all data is collected, employers should then tackle the herculean task of filling out the actual form,” he added, noting that HR professionals may want to check with vendors to see if they can assist with the process.

“Employers will report data through the Component 2 EEO-1 online filing system or by creating a data file and inputting their data in the appropriate fields in accordance with the data file specifications,” Dickey and Patton said. They noted that the data file specifications have not yet been released.

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8/31/17

Some more things that have happened recently: 1.Fox News' parent company, 21st Century Fox, announced this week, that it planned to cease all broadcasting to the United Kingdom. In the statement given, Fox News stated that its primary purpose for the move was to focus on the U.S. market and that the outlet itself was designed for U.S. Consumers.

2.Illinois has become the second state to ban "panic defense" as excuse for killing LGBT people. "Panic defense" is a defense please that an accused person can plead in defense of killing a person of LGBT individual in legal court. It can be used to say that the person was LGBT and "made a pass" at the killer. The other state that has banned panic defense is California.

3. "On August 29th, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC)...that it is initiating a review and immediate stay of effectiveness of the pay data collection aspects of the EEO-1. This particular clause of EEO-1, which was introduced by President Obama in January of 2016, requires companies to submit the date on worker pay on race, ethnicity, and gender. This ruling of the OMB comes after this regulation was deemed "too burdensome to business."

These have been some more things that have happened recently.

[peoplecapitalhr]

BREAKING: EEO-1 pay data collection requirements back in effect

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[quinlanquinlan4-blog]

1 Pay Data Form Put On Hold

The White House Office of Management and Budget (OMB) put the new summary pay data requirements on hold in August, and many Democrats and equal pay advocates are expressing their displeasure. In February 2016, the U.S. Equal Employment Opportunity Commission (EEOC) modified the Form EEO-1 reporting requirements. For Nonexempt employees, employers will report total hours” as recorded by FLSA for nonexempt employees in Component 2. The purpose of the revised form was greater pay transparency, which was supposed to result in more pay equality. Employers must now report the total number of employees (both full-time and part time) in each of 12 pay bands for each EEO-1 job category. So for now employers should continue to use the prior EEO-1 form, rather than the new form. Many employers have expressed concerns about the EEOC's proposed changes. Specifically, the proposed revision to the EEO-1 Form, published by the United States Equal Employment Opportunity Commission (EEOC”) in February 2016, would require every employer with 100 employees or more to submit demographic information along with the W-2 wages and hours worked for all of its employees grouped in broad EEO-1 job categories, subdivided into twelve bands. The EEOC states that the pay data would provide the EEOC and other federal agencies with insight into pay disparities across industries and occupations and strengthen efforts to combat discrimination. Delivers a secure platform for storing EEO-1 data, which is confidential under federal law in most cases. Maintain similar records of all employees whose employment is terminated. The new data will assist the EEOC in its efforts to identify pay discrimination and assist employers with providing equal pay in their workplaces. Should the proposed revisions be implemented, they will become effective in 2017, and employers will be required to submit the additional information on their EEO-1 reports filed by the September 30, 2017 deadline. The revised EEO-1 report will require employer-and establishment-specific data needed to assess potential pay discrimination. Type 4 - Establishment Report - A separate EEO-1 Type 4 report must be submitted for each physical establishment with 50 or more employees. You can create pivot tables straight from your data files and manually enter in the counts into the form on the website. Pursuant to Title VII of the Civil Right Act of 1964, the EEOC and the Department of Labor already require employers with 100 or more employees to count employees by ethnicity, race, and sex by job category. Employers may continue to use the latest version of Form EEO-1 to comply with the reporting obligations for FY 2017, they are just instructed to leave the salary information portion blank. State and local governmental employers, school systems and colleges and universities are exempted from having to file a Form EEO-1, although they may have to file other, similar reports on a biannual basis. The Chamber estimated that employers would spent more than eight million hours complying with reporting requirements at a cost of more than $400 million. Private employers with 100+ employees must annually report employee data on race, ethnicity, and gender by occupational category. The Employer Information EEO-1 survey (Standard Form 100) is conducted annually and needs to be filed by September 30, 2008. Your data may be pulled from numerous places, but it all needs to be provided in the EEO-1 form. According to the EEOC, collecting pay data from the EEO-1 Form will help improve investigations into pay discrimination based on gender, race, and ethnicity. standard form 100 eeo 1 report An employer may seek to change the date for filing its form or change the period for which data is reported, so if a March 31st filing is a hardship, your company can have its own due date each year. In addition, employment discrimination can result when a neutral policy or practice has an adverse impact on the members of any race, sex, or ethnic group and the policy or practice is not job related or required by business necessity.

[nationallawreview]

The Fight Over EEO-1 Pay Data Collection Continues As previously reported here, in November 2017, following the Office’s of Management and Budget (“OMB’s”) “immediate stay” of the EEO-1 pay data reporting requirement, the National Women’s Law Center (“NWLC”) and the Labor Council for Latin American Advancement (“LCLAA”) filed a lawsuit to reinstate the EEO-1 pay data reporting requirement, asserting OMB lacked the legal basis to stay the pay data reporting requirement.

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A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018

Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least.

Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for covered employers (private employers with 100 or more employees and federal contractors with 50+ employees). Beginning in March 2018, covered employers would be required to submit summary pay data and aggregate hours worked by employees in the 10 EEO job categories (which did not change), in addition to the demographic data (gender, race and ethnicity) already reported on the annual EEO-1 form.  The EEOC redesigned its EEO-1 form and extended the submission deadline from September 30, 2017 to March 31, 2018 to provide employers time to collect and organize the new data.

The EEOC’s initiative was not popular among employers, who asserted: (1) that summary pay data information (to be reported in 12 “pay bands” per EEO job category) would not identify unlawful pay discrimination, as claimed by the EEOC, and (2) that compliance would be burdensome as payroll and timekeeping systems were not programed to collect and aggregate pay and hours data in the manner required by the new EEO-1 form.

On August 29, 2017, the federal Office of Management and Budget (OMB), after lobbying by employer groups and several U.S. Senators, stayed implementation of the new EEO-1 form. The basis for the stay is the EEOC’s potential non-compliance with the notice and burden estimate requirements of the federal Paperwork Reduction Act.

The result: The “old” EEO-1 form – which collects aggregate gender, race and ethnicity information for employees by job category – is back for 2017.  The deadline for submission of the 2017 form is March 31, 2018.  Please note that the form will still collect data for the year 2017.

Will the updated EEO-1 form come back in 2018? It is too soon to know.  In issuing the stay, the OMB notified the EEOC that it was required to submit a new information packet for the updated EEO-1 form to the OMB for review.  There is no deadline for the EEOC to do so.

My prediction: The initiative to collect pay data on the EEO-1 form will not resurface.  In commenting on the stay, EEOC Acting Chair Victoria Lipnic (who had voted against the updated EEO-1 form) stated that while the “EEOC remains committed to strong enforcement of … federal equal pay laws,” she “hope[s] that [the OMB’s] decision will prompt a discussion of more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap.”

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018 published first on http://ift.tt/2kTPCwo

[thegoviza]

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018

Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least.

Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for covered employers (private employers with 100 or more employees and federal contractors with 50+ employees). Beginning in March 2018, covered employers would be required to submit summary pay data and aggregate hours worked by employees in the 10 EEO job categories (which did not change), in addition to the demographic data (gender, race and ethnicity) already reported on the annual EEO-1 form.  The EEOC redesigned its EEO-1 form and extended the submission deadline from September 30, 2017 to March 31, 2018 to provide employers time to collect and organize the new data.

The EEOC’s initiative was not popular among employers, who asserted: (1) that summary pay data information (to be reported in 12 “pay bands” per EEO job category) would not identify unlawful pay discrimination, as claimed by the EEOC, and (2) that compliance would be burdensome as payroll and timekeeping systems were not programed to collect and aggregate pay and hours data in the manner required by the new EEO-1 form.

On August 29, 2017, the federal Office of Management and Budget (OMB), after lobbying by employer groups and several U.S. Senators, stayed implementation of the new EEO-1 form. The basis for the stay is the EEOC’s potential non-compliance with the notice and burden estimate requirements of the federal Paperwork Reduction Act.

The result: The “old” EEO-1 form – which collects aggregate gender, race and ethnicity information for employees by job category – is back for 2017.  The deadline for submission of the 2017 form is March 31, 2018.  Please note that the form will still collect data for the year 2017.

Will the updated EEO-1 form come back in 2018? It is too soon to know.  In issuing the stay, the OMB notified the EEOC that it was required to submit a new information packet for the updated EEO-1 form to the OMB for review.  There is no deadline for the EEOC to do so.

My prediction: The initiative to collect pay data on the EEO-1 form will not resurface.  In commenting on the stay, EEOC Acting Chair Victoria Lipnic (who had voted against the updated EEO-1 form) stated that while the “EEOC remains committed to strong enforcement of … federal equal pay laws,” she “hope[s] that [the OMB’s] decision will prompt a discussion of more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap.”

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018 published first on http://ift.tt/2uG9qor

[payprosalaska]

Don’t Forget that Some EEO-1 Data Are Still Due May 31

Many employers have been focused on a court battle over when the Equal Employment Opportunity Commission (EEOC) will collect employee pay data—sorted by race, sex and ethnicity—for the first time. Covered employers must submit that data later this year, but they should keep in mind that the deadline to submit other EEO-1 information is rapidly approaching.

Under federal law, businesses with at least 100 employees and some federal contractors with at least 50 employees must submit an EEO-1 form each year. Component 1 of the EEO-1 form hasn’t changed from prior years: it asks for the number of employees who work for the business sorted by 10 job categories, race/ethnicity and gender.

Employers must submit 2018 Component 1 data by May 31, unless they request an extension. But employers considering an extension should note that the EEOC recently shortened the extension period from 30 days to two weeks. So the extension deadline is now June 14.

Component 2 data collection—which includes reporting hours worked and pay information from employees’ W-2 forms by race, ethnicity and sex—is the subject of the legal dispute. Covered employers must submit such data for 2017 and 2018 by Sept. 30.

EEO-1 Survey Submission Timeline for 2019

May 31: 2018 Component 1 data are due. 

June 14: 2018 Component 1 data are due for employers that requested a two-week extension. 

July 15: The EEOC expects to make the Component 2 portal available to employers

Sept. 30: Component 2 data for 2017 and 2018 are due.

Selecting the Snapshot

For Component 1, data must be pulled from one pay period from October through December of 2018. For Component 2, employers will need to report wage information from Box 1 of the W-2 form and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.

[SHRM members-only resource: EEO-1 Reporting Checklist]

The EEOC uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns, according to the agency.

In light of the upcoming Component 2 filing requirements, employers may want to consider using the last payroll period of 2018 for the Component 1 snapshot that is due May 31, said Annette Tyman, an attorney with Seyfarth Shaw in Chicago. “That may make it easier to align with the year-end pay and hours data collection that will need to be filed by Sept. 30,” she said.

“Given the pay data that will be filed later this year, it will be important to ensure that employees are classified and reported in the right job categories,” Tyman added. So employers should review the EEO-1 job categories to ensure their job titles are appropriately aligned.

“As the Component 1 filing deadline approaches, employers should upload their filing to the EEOC portal with enough time to resolve any issues that may pop up,” said Arthur Tacchino, J.D., the chief innovation officer at SyncStream Solutions, a company that provides compliance software.

Employers should also be sure to save and store their Component 1 filing, because the Component 2 filing will build on it, he said. “This will make the expanded reporting easier to complete.”

Employers should complete the EEO-1 reporting online through the EEOC’s website, where they will also find instructions and FAQs.

Ongoing Litigation

President Barack Obama’s administration revised the EEO-1 form to add the Component 2 data, but President Donald Trump’s administration suspended the pay-data provisions in 2017.

Several worker-advocacy groups challenged the Trump administration’s hold on the pay-data collection provisions, and on March 4, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia lifted the stay—meaning the federal government had to start collecting the information. 

During the litigation, the EEOC’s chief data officer warned that rushing the data collection may yield poor quality data. However, the agency ultimately said it could collect pay data from 2017 and 2018 by Sept. 30, 2019. Even with the additional time, the agency said it would need to spend more than $3 million to hire a contractor to provide the appropriate procedures and systems.

Chutkan ordered the government to giver the court and  plaintiffs  periodic updates on the EEOC’s progress and to continue collection efforts until a certain threshold of employer responses has been received.

The federal government filed an appeal in the case on May 3, 2019, challenging Chutkan’s decision to lift the stay and her order to collect pay data by Sept. 30—but employers should still move forward as planned. The appeal doesn’t “alter EEO-1 filers’ obligations to submit Component 2 data,” the EEOC said on its website.

Unless the U.S. Court of Appeals for the District of Columbia Circuit issues a stay, employers should assume that Chutkan’s directive to have the pay data collected this year still stands, said Koray Bulut, an attorney with Goodwin in San Francisco. 

Even if the appeals court does halt Chutkan’s order while the appeal is litigated, Bulut noted, “if the appellate court rules in an expeditious manner, there might still be a ruling over the summer, and employers might find that the requirement and the Sept. 30 deadline are back in effect.”

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The post Don’t Forget that Some EEO-1 Data Are Still Due May 31 appeared first on consultant pro.

[golicit]

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018

Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least.

Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for covered employers (private employers with 100 or more employees and federal contractors with 50+ employees). Beginning in March 2018, covered employers would be required to submit summary pay data and aggregate hours worked by employees in the 10 EEO job categories (which did not change), in addition to the demographic data (gender, race and ethnicity) already reported on the annual EEO-1 form.  The EEOC redesigned its EEO-1 form and extended the submission deadline from September 30, 2017 to March 31, 2018 to provide employers time to collect and organize the new data.

The EEOC’s initiative was not popular among employers, who asserted: (1) that summary pay data information (to be reported in 12 “pay bands” per EEO job category) would not identify unlawful pay discrimination, as claimed by the EEOC, and (2) that compliance would be burdensome as payroll and timekeeping systems were not programed to collect and aggregate pay and hours data in the manner required by the new EEO-1 form.

On August 29, 2017, the federal Office of Management and Budget (OMB), after lobbying by employer groups and several U.S. Senators, stayed implementation of the new EEO-1 form. The basis for the stay is the EEOC’s potential non-compliance with the notice and burden estimate requirements of the federal Paperwork Reduction Act.

The result: The “old” EEO-1 form – which collects aggregate gender, race and ethnicity information for employees by job category – is back for 2017.  The deadline for submission of the 2017 form is March 31, 2018.  Please note that the form will still collect data for the year 2017.

Will the updated EEO-1 form come back in 2018? It is too soon to know.  In issuing the stay, the OMB notified the EEOC that it was required to submit a new information packet for the updated EEO-1 form to the OMB for review.  There is no deadline for the EEOC to do so.

My prediction: The initiative to collect pay data on the EEO-1 form will not resurface.  In commenting on the stay, EEOC Acting Chair Victoria Lipnic (who had voted against the updated EEO-1 form) stated that while the “EEOC remains committed to strong enforcement of … federal equal pay laws,” she “hope[s] that [the OMB’s] decision will prompt a discussion of more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap.”

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018 published first on

[peoplecapitalhr]

BREAKING: EEO-1 pay data collection requirements back in effect

#ICYMI: http://dlvr.it/R0YKQ3

[hrtrain]

EEOC Nominees Grilled on Pay Reporting, LGBT Discrimination

Image Source: http://i.huffpost.com/gen/3873304/images/o-LGBT-BUSINESS-facebook.jpg

Equal Employment Opportunity Commission (EEOC) Chair Nominee Janet Dhillon and EEOC Commissioner Nominee Daniel Gade promised to make pay data collection from private employers a priority at a Sept. 19 hearing before the Senate Committee on Health, Education, Labor and Pensions. The White House suspended the pay reporting requirement in August.

Dhillon has served as general counsel for three Fortune 500 companies: US Airways when she worked there from 2004 to 2009, JCPenney as of 2009, and then Burlington Stores as of 2015. Dhillon indicated that she may revisit the EEOC's position that Title VII of the Civil Rights Act of 1964's prohibition on sex discrimination encompasses a bar on sexual orientation and gender identity discrimination. Both nominees said they would follow what the courts decide on the issue, but the appellate courts are split over whether federal law prohibits sexual orientation discrimination.

They also both said that the agency must reduce its backlog of discrimination charges.

Pay Reporting Requirement

The revised EEO-1 form would have gone into effect March 31, 2018, and would have required employers with 100 or more workers to report W-2 wage information and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.

Committee Chair Lamar Alexander, R-Tenn., said the pay reporting requirement "seemed completely unnecessary." He expressed concern about the increased burden it would have placed on employers and asked if Dhillon really would support a pay reporting requirement.

She responded that the EEOC's focus on enforcing laws is an important priority and that she would work with staff to see what additional data the commission needs to enforce equal pay laws.

Dhillon added that the pay reporting requirement would have benefited from "a more vigorous" rulemaking process.

LGBT Rights

Sen. Patty Murray, D-Wash., asked if the nominees would defend the EEOC's position that Title VII prohibits discrimination against lesbian, gay, bisexual and transgender (LGBT) people.

Dhillon said that she is personally opposed to discrimination based on sexual orientation or gender identity. But she added that the current law is in flux, now that there is a split in the circuit courts and now that two agencies—the Department of Justice and the EEOC—take different views.

"Sounds wishy-washy to me," Murray said.

As for Gade, Murray criticized the military veteran, who lost a leg serving in Iraq, for blogging in 2011 that letting women fill combat roles was "laughable." Gade has since said he has changed his mind.

Sen. Tammy Baldwin, D-Wis., said that she strongly supports the EEOC's position that Title VII prohibits sexual orientation and gender identity discrimination. She noted that in July, the EEOC secured a $50,000 settlement over a sexual orientation discrimination lawsuit for an 18-year-old gay male employee who worked as a server in a Washington, D.C., restaurant. He claimed that he was routinely subjected to harassing and offensive behavior that included the use of homophobic epithets, according to the commission.

And Baldwin mentioned a May 2016 settlement for $140,000 involving a higher education technology services company in Minnesota that allegedly unlawfully removed a worker from her job the day after she informed co-workers she planned to transition from male to female. Baldwin asked for greater clarity on Dhillon's and Gade's positions.

Dhillon responded that it would be a challenge to determine where she stood on the issue, as two agencies of the government have different interpretations of the same statutory language.

Sen. Tim Kaine, D-Va., pressed both nominees on the same point as well. In response, Dhillon said that ideally there would be a legislative solution, since Congress has introduced bills to settle the question. In all likelihood, the Supreme Court would ultimately take up the issue, she said.

Dhillon added that the commission might interpret the statute in different ways depending on which circuit a case is in, since there is an appellate court split.

By contrast, Gade said that there was no move among commissioners to change the EEOC's position.

Focus for Nominees

While Dhillon has extensive experience as a corporate general counsel, Gade noted that he is "one of very few nonattorneys to be appointed to the EEOC." He added, "Similarly, the EEOC has only had a small number of veterans as commissioners in the 53 years since it was created. Fortunately, I am no stranger to either the federal government or the veterans and disability community."

Gade served as associate director of the Domestic Policy Council at the White House from 2007 to 2008. He was on two different advisory committees to the Secretary of the Department of Veterans Affairs and since 2015 has been on the National Council on Disability.

His said his priorities on the commission would be reducing the backlog of EEOC charges, reviewing the agency's strategic enforcement plan and increasing EEOC outreach.

He said the agency has a "bully pulpit" to educate on nondiscrimination laws, noting that just getting to the hearing was a challenge for him, as the Capitol police had to be persuaded that he needed to use his Segway to reach the meeting.

Dhillon also criticized the agency for having a substantial backlog of charges. "It is the sad reality that too often, justice delayed is justice denied," she said. "Evidence can be misplaced, and memories fade with the passage of time." She noted that charges must be handled promptly and said that meaningful conciliation efforts would help accomplish that.

As for guidance, she said the EEOC's regulations should be crafted "in a way that is transparent and provides opportunities for all stakeholders to provide input."

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[nancydhooper]

Who Was Behind the Move to Halt Reporting Rules on Equal Pay?

The Trump administration's decision was reached behind closed doors, without public input or sound justification.

In its aggressive campaign to roll back efforts advanced in recent years to close the gender wage gap, the Trump administration now is politicizing the Equal Employment Opportunity Commission (EEOC), the agency that was created more than 50 years ago by Congress to enforce the nation’s laws against discrimination in employment.

 On Wednesday, the ACLU filed a Freedom of Information Act (FOIA) request with the EEOC seeking records concerning the Office of Management and Budget’s (OMB) recent decision directing the civil rights agency to halt implementation of its new pay data collection initiative.  Set to go into effect in March 2018, the initiative updated the EEO-1, a form used by the government to collect information from certain employers about the gender, race, and ethnicity of their employees by job category.  The updated EEO-1 would have required these employers to also provide information about the wages they pay their employees.  Separately on Wednesday, the National Women’s Law Center and the Lawyers Committee for Civil Rights also filed several FOIA requests with OMB about the decision to stay the new EEO-1 data collection.

The new pay data would have better equipped the EEOC and other federal law enforcement entities to assess wage disparities for protected groups, and identify companies that might be engaging in pay discrimination.  In addition, the process of collecting the data would require employers to examine their own pay practices -- which far too many are content to put out of sight and out of mind. The exercise of self-auditing in this way is a recognized best practice in eradicating pay discrepancies, one that some companies have undertaken voluntarily, with positive results.   

Last month, OMB summarily announced that the pay data would not be collected after all. In a memo to the EEOC, OMB told the agency to start from scratch to develop a new mechanism for reviewing pay data, stating that it “is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” But it provided no explanation of how or why it reached that conclusion. All we know is that prior to the OMB’s announcement, business groups, including the Equal Employment Advisory Council, the U.S. Chamber of Commerce, and the Business Roundtable, had requested that OMB stop the EEOC from implementing the pay data reporting requirements. 

This decision, reached behind closed doors, without public input, and lacking any evidentiary support, stands in sharp contrast to the rigorous, multi-year deliberative process that led to the EEOC’s adoption of the new EEO-1.  The FOIA request is intended to pull back the veil and shine a spotlight on this administration’s decision-making process, including any undue influence exerted by business when it comes to workers’ civil rights.   

OMB’s move is only the latest action under this administration to undermine workplace equality. In March, with President Trump’s blessing, Congress withdrew an executive order issued by President Obama that required businesses to disclose prior labor violations, including equal pay violations, to be eligible to receive federal contracts. And the president is "revisiting" a recent Labor Department rule raising the income threshold for overtime pay, a policy change that would have  particularly  benefited women in low-wage occupations.

As the EEOC considers new pay data measures to propose to OMB, it’s critical that advocates for workers, especially women and women of color, hold accountable the current EEOC commissioners as well as the two new nominees, Janet Dhillon and Daniel Gade, whom Trump has nominated to serve on the EEOC.  Although neither nominee has deep experience in employment law, both said during a Senate confirmation hearing on Tuesday that they are committed  to finalizing the EEOC data collection process within a reasonable time.  

The Trump administration may hope to keep the true scope of our nation’s economic disparities in the shadows. But the ACLU won’t stand idly by.  We’re working to ensure that any new employer pay data collection requirements are not watered-down, and that the decision-making process is transparent.

  from RSSMix.com Mix ID 8247012 https://www.aclu.org/blog/womens-rights/womens-rights-workplace/who-was-behind-move-halt-reporting-rules-equal-pay via http://www.rssmix.com/