EEOC

Pick Your Procedure: EEOC Launches Parallel Gender Discrimination Pay Suits Under Different Statutes

The EEOC has been no stranger to headlines in recent months, particularly on the issue of equal pay. As we recently reported, the EEOC’s long-dormant pay data collection rule, revived by the D.C. District Court in March, has caused an uproar of speculation as employers race to comply with increased data reporting requirements for their annual EEO-1 forms by September 30, 2019. But the EEOC is also busy addressing pay issues in court.

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District Court Orders Employers to Submit Component 2 Data by September 30, 2019

The EEOC has been ordered to collect employers’ EEO-1 Component 2 pay data by September 30, 2019. The D.C. District Court issued the order after finding back in March 2019 that Office of Management and Budget (OMB’s) decision to stay the collection of Component 2 pay data lacked the reasoned explanation required by the Administrative Procedure Act. See our prior blog posts here, here, and here about National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C.). Since then the court has been critical of the EEOC’s compliance with its order, and held a status conference and a hearing in March and April. READ MORE

EEOC Contemplates September 30th Deadline for Component 2 Pay Data But Warns of Significant Risks of Unreliable Data Comparisons

Despite some initial news stories to the contrary, uncertainty still remains as to whether and when employers will be required to submit Component 2 pay data to the EEOC. See our prior posts here and here. On March 19, 2019, the parties in National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C.), participated in a status conference at which they discussed precisely when the EEOC planned to collect Component 2 pay data. The court asked the EEOC why it could not require employers to file Component 2 data by either May 31, 2019, the deadline by which employers are required to submit Component 1 data, or September 30, 2019, the expiration date of the authorization to collect Component 2 data under the Paperwork Reduction Act. READ MORE

Female Athletes Are Looking to Score Big with New Equal Pay Lawsuit

The world of professional sports has long grappled with criticism of the stark pay differences between male and female athletes – think Billie Jean King’s “equal pay for equal play” push. A recent case brought by twenty-eight players on the United States Women’s National Soccer team (WNT) against the U.S. Soccer Federation (USSF) launched the issue back to the forefront of the pay equity arena earlier this month. READ MORE

Revised EEO-1 Form Still Uncertain as EEOC Does Not Appear to Be Accepting Component 2 Pay Data Yet

The status of the revised EEO-1 form remains unclear, see our prior post here.  While the EEOC is currently accepting 2018 EEO-1 Component 1 data, the EEOC does not appear to be accepting Component 2 pay data yet.  Instead, the EEOC has stated that it is “working diligently on next steps in the wake of the court’s order in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (TSC), which vacated the OMB stay on collection of Component 2 EEO-1 pay data. The EEOC will provide further information as soon as possible.”  Stay tuned for additional updates.

EEOC’s Revised Pay Data Collection Rule is Back in Force

Uncertainty continues for the EEOC’s attempt to expand the collection of employers’ pay data. Last Monday, the D.C. District Court in National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC) (D.D.C. Mar. 4, 2019), reinstated the EEOC’s revised EEO-1 form that increases employers’ obligation to collect and submit pay data. READ MORE

I Can See Clearly Now: The OFCCP’s Latest Directives Seek to Increase Transparency

For the second month in a row, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued guidance to update materials available to federal contractors and subcontractors. On September 19, 2018, the OFCCP issued two broad directives aimed at improving transparency and communications and to implement the highly-anticipated ombud service. These directives respond to contractor complaints related to the length and process for OFCCP audits. READ MORE

Change of Course? OFCCP Issues Long-Awaited Revised Compensation Guidelines

In a highly anticipated move, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its new compensation directive on August 24, 2018. Directive (DIR) 2018-05, Analysis of Contractor Compensation Practices During a Compliance Evaluation, replaces the Obama-era compensation guidance DIR 2013-03, Procedures for Reviewing Contractor Compensation Systems and Practices (referred to as Directive 307). OFCCP also included a list of 22 Frequently Asked Questions (FAQs) with DIR 2018-05. READ MORE

One is the Loneliest Number: President Proposes Merging OFCCP Into EEOC

The President released his budget which includes separate proposals for various government agencies.  The budget proposal for the Office of Federal Contract Compliance Programs (OFCCP), which oversees affirmative action and non-discrimination requirements for federal contractors, includes a plan for the government to fold the agency into the Equal Employment Opportunity Commission (EEOC).  The proposal tasks OFCCP with working collaboratively to develop and implement a plan to complete the merger by September 30, 2018.  The proposal touts increased efficiencies in the form of consolidated government EEO oversight and enforcement “under one roof.”  Perhaps to facilitate this move to a common agency, the administration has proposed slashing OFCCP’s budget by over $17 million to $88 million for FY 2018 and reducing staff by 131 positions.  This would be accomplished by closing field office locations and other cost savings measures.

The proposed merger raises many questions including: READ MORE

Equal Pay Is Here To Stay

As predictions abound regarding what a Trump presidency will mean for employers, including which laws and regulations might be amended, scaled back, or repealed all together, the issue of pay equity is likely here to stay.  Over the past year, numerous states – including several with Republican governors – have enacted aggressive equal pay legislation, following California’s lead in 2015.  Additionally, activist shareholder groups continue to exert pressure by filing proposals that, if passed, require companies to disclose publicly the percentage “pay gap” between male and female employees, and planned steps to address it.  And while pay equity is not at the top of Trump’s political agenda, his daughter Ivanka has been an equal pay advocate, perhaps signaling that the EEOC’s final rule requiring employers with more than 100 employees to report W-2 pay data to the federal government through new EEO-1 reporting requirements may not be on the Trump chopping block.  Accordingly, smart employers will stay the course on equal pay, including by following these recommendations:

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