EEO-1 Pay Data Report – Reporting of Pay Data a No-Go

By Liani J. Reeves - Bullard Law

August 30, 2017

Bullard Law has previously reported on the EEOC’s 2016 changes to the reporting requirements for collection of demographic information on race, gender, and ethnicity, by job category, to also include pay data and hours worked for employees grouped in twelve different pay bands.  The goal was to provide additional information that could reveal pay disparities based on gender, race, and ethnicity.  The pay data information was to be reported by employers on a revised EEO-1 form, approved on September 29, 2016, to be submitted by March 31, 2018.  Yesterday, the White House’s Office of Management and Budget issued notice to the EEOC that it was initiating a review and immediate stay of the pay data collection aspects of the EEO-1 form, stating that the requirements for collection of data on wages and hours “lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.”  The EEOC clarified that the previously approved EEO-1 form, which collects data on race, ethnicity, and gender by occupational category, will remain in effect.  Employers should therefore prepare to submit that data on the previously approved EEO-1 form by March 31, 2018.

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