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EEOC Proposes to Include Pay Data to EEO-1 for Certain Employers

February 2016

CSG Employment Alert

The U.S. Equal Employment Opportunity Commission (EEOC) has proposed revisions to the Employer Information Report (EEO-1) that would require private employers, including federal contractors, with 100 or more employees to include pay and hour data by sex, race, and ethnicity as well as job category to their EEO-1, beginning with the September 2017 EEO-1.

Currently, certain federal contractors with 50 to 99 employees and other private employees with 100 or more employees are required to submit an EEO-1 annually, by September 30, that reports to the federal government the number of individuals they employ by job category and then by race, ethnicity and sex. The proposal would expand on this existing requirement by requiring employers with 100 or more employees to also include data on pay ranges and hours worked to the information collected. Specifically, for each job category, the proposed EEO-1 would have twelve pay bands. For each job category, employers would tabulate and report the number of employees whose W-2 earnings for the prior 12 months fell within each pay band by their ethnicity, race and sex as well as their hours worked.

The goal for the proposed revisions to the EEO-1 to include this pay and hour data is to enable the EEOC to identify and investigate possible wage discrimination and to encourage employers to voluntarily comply with equal pay requirements in the workplace. Therefore, employers can expect that the EEOC will increase enforcement in this area once they have access to this data. Members of the public have until April 1, 2016 to submit comments on the proposed changes to the EEO-1.

If you would like more information, please contact your Chiesa Shahinian & Giantomasi PC attorney or the authors listed below.

Catherine P. Wells | Chair, Employment Law Group | cwells@csglaw.com | (973) 530-2051

Lindsay Smith Dischley | Associate | ldischley@csglaw.com | (973) 530-2110