In-Depth Analysis

EEO-1 Pay Data Disclosure Requirement on Hold, Being Reconsidered by EEOC

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Title VII requires employers to make and keep records relevant to the determination of whether unlawful employment practices have occurred or are occurring, and to produce those records to the U.S. Equal Employment Opportunity Commission (EEOC). Accordingly, most employers subject to Title VII, who have 100 or more employees, as well as certain federal contractors, are required to file an Employer Information Report EEO-1 (EEO-1 Report). While the EEO-1 reporting requirement is not new, in 2016, the EEOC proposed revisions to the data collection process that would have required employers to report information on employee pay and hours worked. The EEOC claimed that access to this type of data would improve administrative investigations of possible pay discrimination that contributes to persistent wage gaps for women and minorities in the United States labor market. On August 29, 2017, however, the OMB immediately stayed the new pay data reporting requirement and directed the EEOC to publish a notice confirming that businesses may use the previously approved EEO-1 form in order to comply with their reporting obligations for FY 2017.

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