White Paper

EEOC Proposal Will Add Pay Data to Annual EE0-1 Reports

 
On January 29, 2016, the United States Equal Employment Opportunity Commission (EEOC) announced a proposal that would require covered employers to include employee pay data on their annual Employer Information Report (EEO-1). EEOC believes that obtaining employee pay data will assist it in identifying and eradicating pay discrimination for women and workers of color. If the proposal is approved, employers with more than 100 employees will be required to submit employee pay data beginning with the September 2017 EEO-1 filing date.

Under the new proposal, employers would have to report the number of employees by job category, ethnicity, race and gender that fall within 12 designated "pay bands" (e.g., $49,920 - $62,919). In addition, employers will report total hours worked. Information relating to hours worked will allow the agency to more accurately analyze any identified pay differences by taking into account when an employee may have worked part-time or for a partial year. It seems likely that EEOC will not require employers to submit hours worked for salaried employees, but the agency is currently soliciting comments on this issue. EEOC intends to use the pay data to "more effectively focus agency investigations, assess complaints of discrimination and identify existing pay disparities that may warrant further examination."

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Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.