On Friday January 29, 2016, President Obama and the EEOC announced proposed changes to the EEO-1 Report to include compensation data. The announcements were made on the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act. The proposal was published in today’s Federal Register, at:
The proposal would add a component to the EEO-1 Report, which would require all employers with 100 or more employees to report pay data beginning with the 2017 reporting cycle. The EEOC and the OFCCP would use the data to better focus investigations of potential compensation discrimination. The data would be reported by EEO-1 Category, which many believe are too broad. The data would be further broken down by twelve salary bands within each EEO-1 Category. Reporting by EEO-1 Category also excludes colleges and universities, which do not file EEO-1 Reports. The pay data would be based on W-2 earnings for the previous twelve months. The report would also include data on hours worked. The EEOC stressed that the new form would not require new data collection, but just new reporting of the data. The proposed form is available on the EEOC’s website at: http://www.eeoc.gov/employers/eeo1survey/2016_new_survey.cfm.
Interested parties have until sixty days after publication of the proposed rule to comment. We encourage everyone to do so. We will be submitting comments and welcome any input to include. Please contact us by calling (732) 446-2529 or sending us an e-mail at email@example.com if you are interested in discussing the proposed revisions to the EEO-1 Report.