Good news for employers. The new EEO-1 report, which would have been very onerous on employers, has been suspended. The Office of Information Regulatory Affairs (OIRA) decided that the new EEO-1 component 2 report is suspended indefinitely. “Component 2” was the portion of the revised EEO-1 Report which would have required employers with more than100 employees to submit W-2 pay and FLSA hours worked information.
Statement of Acting Chair Victoria A. Lipnic about OMB Decision on EEO-1 Pay Data Collection:
On August 29th, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC), (via a memo from Neomi Rao, Administrator, Office of Information and Regulatory Affairs to Acting Chair Victoria Lipnic) that it is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016, in accordance with its authority under the Paperwork Reduction Act (PRA).
The previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers should plan to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.
Instructions are at: https://www.eeoc.gov/employers/eeo1survey/2017survey.cfm.
Acting Chair Lipnic said:
"The EEOC remains committed to strong enforcement of our federal equal pay laws, a position I have long advocated. Today's decision will not alter EEOC's enforcement efforts.
I had consistently urged OMB to make a decision on this matter so that stakeholders would be aware of their reporting obligations.
Going forward, we at the EEOC will review the order and our options. I do hope that this decision will prompt a discussion of other more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap. I stand ready to work with Congress, federal agencies, and all stakeholders to achieve that goal."
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This news alert is created by the attorneys in Labor & Employment Practice Group at Friday, Eldredge & Clark, LLP. The information provided is not a substitute for legal advice and should be considered for general guidance only. Please contact one of our attorneys for specific legal advice regarding this matter.