EEOC Holds Public Hearing on Proposed EEO-1 Report Amendments

The US Equal Employment Opportunity Commission (EEOC) will hold a public hearing on Wednesday, November 20, 2019 from 9:30 a.m. to noon ET at agency headquarters, 131 M Street, N.E. Washington, D.C. The meeting will be open to public observation.

Pursuant to section 709(c) of the Civil Rights Act of 1964, the Commission is holding a public hearing to discuss the proposed changes to the EEO-1 Report. The proposed changes are described in the Commission's September 12, 2019, Paperwork Reduction Act Notice, 84 Fed. Reg. 48138. In the Notice, the EEOC stated that it was planning to seek approval under the Paperwork Reduction Act to continue administering Component 1 of the EEO-1 survey, which the EEOC had sponsored for many years. The EEOC also said that it is not planning to continue using the EEO-1 Report to collect Component 2 pay data information, which the Commission originally added to the EEO-1 in 2016.

The Commission plans to hear from panels of experts, representing a diverse range of different views. Invited panelists will be given the opportunity to present their views at the hearing, and members of the public have the opportunity to submit comments until November 12, 2019, in response to the Commission's Paperwork Reduction Act Notice.

Seating is limited. Visitors are encouraged to arrive at least 30 minutes before the meeting to be processed through security and escorted to the meeting room. Visitors should bring a government-issued photo identification card to facilitate entry into the building.

Source: EEOC News Release

EEO-1 Pay Data Collection Update

With the recent announcement from the Equal Employment Opportunity Commission (EEOC) that the collection of 2017 and 2018 Summary Pay Data and Hours Worked (EEO-1 Component 2) will be required from EEO-1 filers by September 30, 2019, updates to the EEOC portal and technical assistance are still anticipated. The data to be collected should be from a payroll period in October, November or December for each required year.

The EEOC expects a web-based portal for the collection of 2017 and 2018 Component 2 data will be active by mid-July 2019. The URL for the portal will be https://eeoccomp2.norc.org. Please note that the portal is not yet open. The EEOC will be notifying filers prior to the launch of the portal and providing FAQs and other materials to assist filers with the submission of Component 2 data.

The EEOC helpdesk is now open, and the contact information for the helpdesk is as follows:

Email: EEOCcompdata@norc.org
Toll Free: (877) 324-6214

Source: EEOC

Federal Judge Reinstates EEOC'S Pay Data Collection

On March 4, 2019, a federal judge had issued an order lifting the Office of Management and Budget’s (OMB) stay of the EEOC’s revised EEO-1 form requesting pay data broken down by gender and race and the September 15, 2017 Federal Register Notice (Stay the Effectiveness of the EEO-1 Pay Data Collection, 82 Fed. Reg. 43362) regarding the same.

The judge ordered “that the previous approval of the revised EEO-1 form shall be in effect” in the ruling.    This will raise many time-sensitive questions for employers required to file the EEO-1 Report that must be submitted by May 31, 2019.   The EEOC is set to open their EEO-1 survey platform for submissions this month.   As this information is just breaking at this time, THOMAS HOUSTON will keep you updated on what the EEOC expects of employers required to file the EEO-1 survey and if the government will appeal this recent ruling.  

EEO-1 Filing Delayed

The Equal Employment Opportunity Commission (EEOC) has posted updates to their EEO-1 Reporting page. According to the site, the opening of the EEO-1 submission portal has been postponed until March 1, 2019. As a result, the deadline to submit the 2018 EEO-1 Report has been extended to May 31, 2019. The EEOC web site also indicates that further details and needed instructions will be forthcoming to assist employers with filing.

Source: EEOC.gov

Government Shutdown Continues

Although the partial shutdown of the United States Government is now entering its fourth week, many agencies are still funded and operational. Other have partial funding and continue to offer vital services as permitted by funding. Departments lacking funds include the Department of Homeland Security, Treasury and Justice to name a few.

The U.S. Department of Labor offices remain open and unaffected by the partial shutdown due to funding already received. This means that the Office of Contract Compliance Programs (OFCCP) is fully functional at this time, audits currently underway will continue to be reviewed and issuance of scheduling letters may continue.

Unlike the OFCCP, the Equal Employment Opportunity Commission (EEOC) only has limited availability and such is posted on their homepage. All digital portals are closed and the agency is unable to staff their hotlines. There are no references to the shutdown on the EEO-1 Reporting page, so it is uncertain at this time how or if the government shutdown will affect the processing of 2018 EEO-1 Reports due March 31, 2019.

The U.S. Citizenship and Immigration Services (USCIS) continues to list E-Verify on their website as expired or suspended until funds are received or reauthorization is provided by Congress. E-Verify is a free internet-based system that allows businesses and employers to determine the eligibility of their employees to work in the United States. While the system is down, employers must still complete a Form I-9 to verify an employee's work authorization within 3 days of beginning work as new submissions or cases cannot be initiated at this time.

Other programs offered by USCIS that continue to be unavailable are the EB-5 Immigrant Investor Regional Center Program, Non-Minister Religious Workers and Conrad 30 Waiver Program for J-1 Medical Doctors.

Source: DOL; USCIS; Department of Homeland Security; EEOC

Government Shutdown

The U.S. Equal Employment Opportunity Commission (EEOC) is currently closed because of the federal government shutdown.

While the federal government is closed, a limited number of EEOC services are available.  Please note during the shutdown, we are not able to staff our toll-free numbers: 1-800-669-4000 (voice); 1-800-669-6820 (TTY); or 1-844-234-5122 (ASL Video Phone). If you are trying to contact the EEOC, or have existing business with the agency, please refer to the following information. All EEOC digital portals will be closed and will not be accessible to the public.

Click here to read the article from the EEOC's website.

Filing Deadline Extended for EEO-1 Report

Filing Deadline Extended for EEO-1 Reporting

This week the EEO-1 Joint Reporting Committee sent out the following email notice extending the reporting deadline:

We have received a number of inquiries from employers requesting additional time to file their 2017 EEO-1 Reports. 

In response to these requests we are EXTENDING THE FILING DEADLINE FOR THE 2017 EEO-1 SURVEY TO FRIDAY, JUNE 1, 2018.

IF YOU HAVE ALREADY SUBMITTED YOUR 2017 EEO-1 REPORT, YOU MAY DISREGARD THIS EMAIL.

If you need additional information on filing the 2017 EEO-1 Report, please visit the U.S. Equal Employment Opportunity Commission's website by clicking on the following link: 2017 EEO-1 Survey.

You may also contact the EEO-1 Joint Reporting Committee at 1-877-392-4647 with any questions or concerns.

Thank you.

EEO-1 JOINT REPORTING COMMITTEE

Source: US Equal Employment Opportunity Commission (EEOC)

Call THOMAS HOUSTON for assistance!

If your organization still needs to file EEO-1 Reports, please call THOMAS HOUSTON at 954.358.0208 or email us at info@thomashouston.com.

EEOC news release on new Strategic Plan

EEOC news release on new Strategic Plan

EEOC SEEKS INPUT ON FY 2018-2022 STRATEGIC PLAN

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Plan for Fiscal Years 2018-2022, the agency announced today. The draft plan can be found at Regulations.gov.  Comments must be submitted by 5:00 pm ET on Jan. 8, 2018. This draft plan has not been approved by the Commission and is still under review.

The Strategic Plan serves as a framework for the Commission in achieving its mission through the strategic application of the EEOC’s law enforcement authorities, preventing employment discrim­ination and promoting inclusive workplaces through education and outreach, and organizational excel­lence. The EEOC has been the leading federal law enforcement agency dedicated to preventing and remedying employment anti-discrimination laws and advancing equal opportunity for all in the work­place since 1965. Every four fiscal years, Congress requires executive departments, government corporations, and independent agencies to develop and post a strategic plan on their public website. These plans direct the agency’s work and lay the foundation for the development of more detailed annual plans, budgets, and related program performance information in the future. The EEOC is currently operating under the Strategic Plan for Fiscal Years 2012 – 2016, as amended through 2018.

The process for developing this plan has been highly inclusive and collaborative. The plan was created by working groups comprised of staff from the EEOC’s headquarters and field offices, with a broad range of internal and external expertise and understanding of the programs and activities con­ducted within the agency. We are now continuing this inclusive effort by soliciting comments from our public partners, including advocacy groups and individuals. Public input is vital to our efforts to ensure accountability to our nation’s workers, employers, and taxpayers in general.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.  Stay connected with the latest EEOC news by subscribing to our email updates.

EEOC Launches Online Services for Inquiries, Appointments and Discrimination Charges

U.S. Equal Employment Opportunity Commission sent this bulletin at 11/01/2017 04:08 PM EDT

 

WASHINGTON – On 11/01/2017 the U.S. Equal Employment Opportunity Commission (EEOC) launched an EEOC Public Portal to provide online access to individuals inquiring about discrimination.

“This secure online system makes the EEOC and an individual’s charge information available wherever and whenever it is most convenient for that individual,” said EEOC Acting Chair Victoria A. Lipnic. “It’s a giant leap forward for the EEOC in providing online services.”

The EEOC Public Portal allows individuals to submit online initial inquiries and requests for intake interviews with the agency. Initial inquiries and intake interviews are typically the first steps for individuals seeking to file a charge of discrimination with EEOC. In fiscal year 2017, the EEOC responded to over 550,000 calls to the toll-free number and more than 140,600 inquiries in field offices, reflecting the significant public demand for EEOC’s services. Handling this volume of contacts through an online system is more efficient for the public and the agency as it reduces the time and expense of paper submissions.

The new system enables individuals to digitally sign and file a charge prepared by the EEOC for them. Once an individual files a charge, he or she can use the EEOC Public Portal to provide and update contact information, agree to mediate the charge, upload documents to his or her charge file, receive documents and messages related to the charge from the agency and check on the status of his or her charge. These features are available for newly filed charges and charges that were filed on or after Jan. 1, 2016 that are in investigation or mediation.

Five EEOC offices (Charlotte, Chicago, New Orleans, Phoenix and Seattle) piloted the new system for six months. Feedback from the public and the EEOC pilot offices led to improvements in the system for this nationwide launch.

   

The new system does not permit individuals to file charges of discrimination online that have not been prepared by the EEOC or to file complaints of discrimination against federal agencies.

In the next few weeks, the EEOC will also provide online access to charging parties for whom the agency has an email address, who have pending charges that are currently in investigation or mediation and were filed as of Jan. 1, 2016.

Individuals who do not have online access can call 1-800-669-4000 to get basic information about how to submit an inquiry to their local EEOC office.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.  Stay connected with the latest EEOC news by subscribing to our email updates.

OFCCP/EEOC Merger Tabled Indefinitely

Recently, the proposed merger between the OFCCP and the EEOC has faced much opposition and setbacks. On September 12, 2017, the House approved an amendment to prohibit funding for the merger between the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). This comes on the heels of the Senate Appropriations Committee's rejection of the merger in the week prior.

In a letter to the Institute for Workplace Equality, Acting Director of the OFCCP, Thomas Dowd outlined major issues that would make the merger difficult for both agencies concerned. Many business and civil right organizations have also voiced concerns and offered insight into why the two agencies should remain separate.

With the general lack of support and now funding, the proposal is left tabled without any indication that further pursuit will be made.

Source: Bloomberg News Agency

IMPORTANT! EEO-1 Reporting Update

In a letter on August 29, 2017 to acting EEOC Chair, Victoria Lipnic, the Office of Management and Budget's Office of Information and Regulatory Affairs (OMB/OIRA) called for a review and stay on the implementation of the revised EEO-1 form which would have required covered employers to provide employee W-2 data by EEO-1 category. This revised EEO-1 form is no longer available via the EEOC website.

The previous EEO-1 (component 1) version requiring only demographic data will be utilized during the stay. Rather than reverting to the September filing deadline, the federal government is retaining the new filing deadline of March 31, 2018. The March filing date was previously chosen to capture W-2 wage data with ease in the revised EEO-1 form.

Requirements for filing EEO-1 Reporting include federal contractors with 50 or more employees and covered employers with 100 or more employees. Any payroll period between October 1, 2017 - December 2017 can be used for the 2017 EEO-1 Reporting.

This stay is not a repeal of the regulation itself, but a stay on implementation. Among OMB/OIRA's concerns was that the new compensation data collection was unnecessarily burdensome, lacked practical utility, and that data privacy and confidentiality issues raised had not been adequately addressed. The EEOC will be required to submit to OMB a new information collection package for future EEO-1 form revisions.

Acting EEOC Chair Lipnic issued a statement that included the following: "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."

During this time of review, it is possible that the revised EEO-1 filing will be modified to be less burdensome on employers, while enhancing confidentiality and privacy safeguards. Clients are advised to review their HRIS capability to generate compensation data and hours worked in various formats and time frames.

In this area of consulting, in addition to submission of EEO-1 filings, THOMAS HOUSTON also offers:

• Comparative Compensation Reports on Base Pay, Bonuses, Total Cash Compensation (aggregated data required by the DOL/OFCCP in Item 19 of the Scheduling Letter), and W-2 Box 1 wages.
• Client-specific in-depth compensation audits to ensure nondiscrimination, performed under attorney-client privilege and protections.

Contact us at info@thomashouston.com for further information.

Links to further EEOC information is below:

Lipnic Memorandum:

http://www.governmentcontractorcomplianceupdate.com/files/2017/08/Lipnic-Memorandum.pdf

Letter to EEOC from OMB/OIRA:

https://www.reginfo.gov/public/jsp/Utilities/Review_and_Stay_Memo_for_EEOC.pdf

EEOC News Release:

https://www.eeoc.gov/eeoc/newsroom/wysk/eeo1-pay-data.cfm

EEO-1 and VETS-4212 Reporting Information

The 2017 VETS-4212 reporting season HAS BEGUN!

Data to be collected should be a payroll period in July or August

The 2017 EEO-1 reporting season has MOVED!

Data to be collected should be a payroll period in
October, November, or December

2017 W-2 Pay Data to be included in NEW EEO-1 Reports

Federal contractors with 50-99 employees not required
to provide the W-2 pay data

NEW Deadline for filing EEO-1 Reports is March 31, 2018

This change in reporting requires contractors to pull two different sets of data for the different reporting periods outlined above.

Access THOMAS HOUSTON's

2017 EEO-1 and VETS-4212 Reporting Webcast

For All Updated Information!

You can access our webcast via our website at:
http://www.thomashouston.com/newsandevents.html

THOMAS HOUSTON can assist you in the preparation and submission of the EEO-1 and VETS-4212 Reports. For additional information or pricing for these reporting services, call 1.800.330.9000 Ext. 110 or contact our Sales Team at info@thomashouston.com

EEOC Releases Fiscal Year 2016 Enforcement and Litigation Data

Agency Adds Statistics Detailing LGBT Charges

WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 91,503 charges of workplace discrimination the agency received in fiscal year 2016. This is the second year in a row that the number of charges filed with EEOC has increased.

Overall, EEOC resolved 97,443 charges in fiscal year 2016 and secured more than $482 million for victims of discrimination in private sector and state and local government workplaces through voluntary resolutions and litigation. The agency reduced the workload of pending charges by 3.8 percent to 73,508 -- the lowest pending charge workload in three years. The agency responded to over 585,000 calls to its toll-free number and more than 160,000 inquiries in field offices, reflecting the significant public demand for EEOC's services. EEOC has previously released fiscal year 2016 highlights.

This is the first year that EEOC has included detailed information about LGBT charges in its year-end summary.  EEOC resolved 1,650 charges and recovered $4.4 million for LGBT individuals who filed sex discrimination charges with EEOC in fiscal year 2016. Additionally, the data show a steady increase in the four years the agency has been collecting LGBT charge data. From fiscal year 2013 through fiscal year 2016, nearly 4,000 charges were filed with EEOC by LGBT individuals alleging sex discrimination, and EEOC recovered $10.8 million for these individuals.

“EEOC advances opportunity for all of America’s workers and plays a critical role in helping employers build stronger workplaces,” said EEOC Chair Jenny Yang. “Despite the progress that has been made, we continue to see discrimination in both overt and subtle forms. The ongoing challenge of combating employment discrimination is what makes EEOC’s work as important as ever.”

Specifically, the charge numbers show the following breakdowns by bases alleged, in descending order:

• Retaliation: 42,018 (45.9 percent of all charges filed)
• Race: 32,309 (35.3 percent)
• Disability: 28,073 (30.7 percent)
• Sex: 26,934 (29.4 percent)
• Age: 20,857 (22.8 percent)
• National Origin: 9,840 (10.8 percent)
• Religion: 3,825 (4.2 percent)
• Color: 3,102 (3.4 percent)
• Equal Pay Act: 1,075 (1.2 percent)
• Genetic Information Non-Discrimination Act: 238 (.3 percent)

These percentages add up to more than 100 because some charges allege multiple bases.

EEOC legal staff resolved 139 lawsuits and filed 86 lawsuits alleging discrimination in fiscal year 2016. The lawsuits filed by EEOC included 55 individual suits and 31 suits involving multiple victims or discriminatory policies. At the end of the fiscal year, EEOC had 168 cases on its active docket, of which 48 (28.6 percent) involve challenges to systemic discrimination and an additional 32 (19 percent) are multiple-victim cases. EEOC achieved a successful outcome in 90.6 percent of all suit resolutions.

EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

EEOC Issues Quality Practices Plan on Federal Sector Hearings, Appeals, Oversight Functions

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) published the Federal Sector Quality Practices (FSQP) to address the quality of the agency’s hearings and appeals in federal employee employment discrimination complaints. The FSQP also devotes attention to the Commission’s role in providing oversight of federal agencies when reviewing affirmative employment and barrier analysis plans, evaluating federal agency complaint processes, and offering technical assistance to federal agencies. It is modeled on the private sector’s Quality Practices for Effective Investigations and Conciliation's (QEP), created pursuant to EEOC’s Strategic Enforcement Plan.

The FSQP was developed by an internal work group, appointed by Chair Jenny R. Yang, that surveyed the workforce to gather information on the hallmarks of quality work and studied commentary on the federal sector, including reviewing General Accountability Office reports; testimony from past Commission meetings; public comments and letters from stakeholders suggesting improvements for federal sector processing. The work group’s efforts were refined, and ultimately unanimously approved, by EEOC’s Commissioners.

“These Federal Sector Quality Practices provide guidelines to help our staff strengthen our federal employee hearings and appeals process, timely resolve complaints, and provide valuable oversight to agencies in their EEO programs,” said Chair Jenny R. Yang.  “This document is a tool to ensure EEOC provides a high-quality work product to its federal sector stakeholders.” 

EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ¬ment discrimination. More information is available at www.eeoc.gov.

EEOC Seeks Public Input on Proposed Enforcement Guidance on Harassment

PRESS RELEASE JANUARY 10, 2017

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced that it has voted to release for public input a proposed enforcement guidance addressing unlawful harassment under the federal employment discrimination laws. The proposed Enforcement Guidance on Unlawful Harassment is available for input until Feb. 9, 2017 at https://www.regulations.gov/docket?D=EEOC-2016-0009.

This proposed guidance, which is the product of extensive research, analysis, and deliberation, explains the legal standards applicable to harassment claims under federal employment discrimination laws. The laws enforced by EEOC protect individuals from harassment based on race, color, religion, sex, national origin, disability, age, or genetic information.

Between fiscal years 2012 and 2015, the percentage of private sector charges that included an allegation of harassment increased from slightly more than one-quarter of all charges annually to over 30% of all charges. In fiscal year 2015, EEOC received 27,893 private sector charges that included an allegation of harassment, accounting for more than 31% of charges filed that year. In the same year, federal employees filed 6,741 complaints alleging harassment – approximately 44% of complaints filed by federal employees that year.

“Harassment remains a serious workplace problem that is the concern of all Americans. It is important for employers to understand the actions they can take today to prevent and address harassment in their workplaces,” said Chair Jenny R. Yang. “The Commission looks forward to hearing public input on the proposed enforcement guidance.”

Preventing systemic harassment has been one of EEOC’s national enforcement priorities since 2013. The Commission reaffirmed this priority in its Strategic Enforcement Plan for 2017-2021.  At a public meeting in January 2015, the Commission established a Select Task Force on the Study of Harassment in the Workplace to analyze workplace harassment and identify innovative and creative prevention strategies. Chaired by Commissioners Chai R. Feldblum and Victoria A. Lipnic and comprised of academic experts, legal practitioners from the plaintiff and defense sides, employers, employee advocacy groups, and organized labor, the Select Task Force met 10 times between April 2015 and June 2016 to hear and consider testimony and public comments. At a June 2016 public meeting, Commissioners Feldblum and Lipnic presented their Report of the Co-Chairs of the Select Task Force on Harassment in the Workplace  (“Harassment Prevention Report”) with findings and recommendations about harassment prevention strategies.

“I am pleased that we are able to follow up on the recommendations in our Harassment Prevention Report with this release of the draft enforcement guidance on unlawful harassment,” said Feldblum.  “This guidance clearly sets forth the Commission’s positions on harassment law, provides helpful explanatory examples, and provides promising practices based on the recommendations in the report.  I believe it will be a helpful resource for employers and employees alike, and I look forward to receiving comments from the public.”

“As we learned from the Harassment Prevention Report this past year, 30 years after the U.S. Supreme Court laid down the law in this area, harassment charges and cases remain a far too dominant part of the work of the Commission,” said Lipnic. “I am pleased the Commission is offering an updated version of its positions on the important legal issues on this topic and look forward to the public input.”

The public is invited to submit input about the proposed Enforcement Guidance on Unlawful Harassment via www.regulations.gov. Alternatively, members of the public may send written feedback to: Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.  Please provide input in narrative form and do not submit redlined versions of the guidance document. Input will be posted publicly on www.regulations.gov, so please do not include personal information that you do not want made public, such as your home address or telephone number. The deadline for submission of public input is February 9, 2017.

After reviewing the public input, the Commission will consider appropriate revisions to the proposed guidance before finalizing it.

EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.  Stay connected with the latest EEOC news by subscribing to our email updates.

EEOC Updates Strategic Enforcement Plan

Commission Reaffirms Priorities and Strategies for Securing Strategic Impact

In December 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued a Strategic Enforcement Plan (SEP) for Fiscal Years 2013-2016. The SEP established substantive area priorities and set forth strategies to integrate all components of EEOC's private, public, and federal sector enforcement to have a sustainable impact in advancing equal opportunity and freedom from discrimination in the workplace.  The Commission recently approved an updated SEP for Fiscal Years 2017-2021, reaffirming the agency’s commitment to efforts that have strategic impact in advancing equal opportunity in America’s workplaces.

EEOC’s Strategic Enforcement Plan for Fiscal Years 2017-2021 continues to prioritize the areas identified in its previous SEP, with some modifications:

• Eliminating barriers in recruitment and hiring;
• Protecting vulnerable workers, including immigrant and migrant workers, and under-served communities from discrimination;
• Addressing selected emerging and developing issues;
• Ensuring equal pay protections for all workers;
• Preserving access to the legal system; and
• Preventing systemic harassment.

As the Commission reinforces its efforts to address pay discrimination based on sex, this SEP also includes combating pay discrimination that persists based on race, ethnicity, age, and for individuals with disabilities.

Source: EEOC

EEOC To Collect Summary Pay Data

First Collection will be in March 2018

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018, it will collect summary employee pay data from certain employers. The new data will improve investigations of possible pay discrimination, which remains a contributing factor to persistent wage gaps. The summary pay data will be added to the annual Employer Information Report or EEO-1 report that is coordinated by the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). OFCCP collects data from federal contractors and subcontractors.   

"More than 50 years after pay discrimination became illegal it remains a persistent problem for too many Americans," said EEOC Chair Jenny R. Yang. "Collecting pay data is a significant step forward in addressing discriminatory pay practices. This information will assist employers in evaluating their pay practices to prevent pay discrimination and strengthen enforcement of our federal anti-discrimination laws."

"Collecting data is a critical step in delivering on the promise of equal pay," said U.S. Secretary of Labor Thomas E. Perez. "Better data will not only help enforcement agencies do their work, but it helps employers to evaluate their own pay practices to prevent pay discrimination in their workplaces."

EEOC is committed to providing support for employers as they transition to reporting summary pay data on the new EEO-1 report. In response to public comments, the first deadline for the new 2017 EEO-1 report will be March 31, 2018, which gives employers 18 months to prepare. This revision does not impact the 2016 EEO-1 report, which is due on September 30, 2016 and is unchanged.

Private employers including federal contractors and subcontractors with 100 or more employees will report summary pay data. Under no circumstances should employers report individual pay or salaries or any personally identifiable information.

Federal contractors and subcontractors with 50–99 employees will not report summary pay data, but they will continue to report employees by job category as well as by sex, ethnicity, and race as they do now. Employers with 99 or fewer employees and Federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report as is current practice.

Technical assistance also will be available through the EEOC’s hotline and email. For more information, see https://www.eeoc.gov/employers/eeo1survey/2017survey.cfm.

EEOC News Release September 29, 2016

EEO-1 Survey for 2016 Now Open!

Private Sector Employers Must Provide Workforce Data to EEOC by Sept. 30

WASHINGTON -- The Equal Employment Opportunity Commission (EEOC) has completed its mailing of the 2016 EEO-1 Survey notification letters.  The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more to file the EEO-1 report.  The filing of the EEO-1 report is not voluntary and is required by federal law, Section 709(c), Title VII of the Civil Rights Act of 1964, as amended; and §1602.7–§1602.14, Title 29, Chapter XIV, of the Federal Code of Regulations.  The annual filing deadline is Sept. 30.

The EEO-1 report provides valuable employment data by race/ethnicity, gender and job categories, and is used by researchers, private attorneys, human resource staff, etc. in developing affirmative action plans, and in the Commission’s enforcement of Title VII of the Civil Rights Act.

Employers who meet the criteria listed above, or employers that filed the EEO-1 report in 2015 and have not received the 2016 EEO-1 notification letter by Aug.15, 2016, should immediately contact the EEO-1 Joint Reporting Committee at 1-877-392-4647 (toll-free) or e-mail e1.techassistance@eeoc.gov.

Information on EEO-1 Data Load Enhancements may be found at:  https://www.eeoc.gov/employers/eeo1survey/eeo1-data-upload-enhancements.cfm.

EEOC’s EEO-1 survey website for EEO-1 contains reference documents such as a sample form, instructions, FAQ’s, a fact sheet and EEO-1 Job Classification Guide.

EEOC enforces federal laws prohibiting employment discrimination in the public and private sectors.  Further information about EEOC is available online at www.eeoc.gov.

THOMAS HOUSTON can assist in filing your EEO-1 and VETS Reports for 2016.  Click here to receive further information.

What You Should Know about EEOC's Proposal to Collect Pay Data

The Updated Proposal

On July 14, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its revised proposal to collect summary pay data by race, ethnicity, and sex from employers that already file the EEO-1 report (https://federalregister.gov/a/2016-16692).

• The revised proposal carefully considers the utility of the data for enforcing the nondiscrimination laws and responds to public comments that the EEOC received in response to its initial proposal published in the Federal Register on February 1, 2016 as well as testimony from the March 16, 2016 public hearing.
• Under the revised proposal, employers with 100 or more employees that already file an EEO-1 report will provide summary pay data.
• The revised proposal continues to minimize the burden on employers while ensuring the pay data is useful for the EEOC and the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor.
• The annual added cost to report the pay data, using the revised burden estimate, is approximately $416 per employer.
• Employers provide this data through an online system. Employers enter data only in those cells of the report where they have employees. The overwhelming majority of the cells are left blank.

When Would the EEOC Begin Collecting Pay Data from Employers?

In response to comments, employers would file the first new EEO-1 report, including pay data, by March 31, 2018.

• This gives employers 18 months to transition to the new system, rather than 12 months, as the EEOC originally proposed.
• March 31st provides employers time after they complete calendar-year tax forms, so they can report W-2 Box 1 numbers prepared for tax purposes. The EEOC would not require any special calculations, as the EEOC's original February 1, 2016 proposal did.
• The next EEO-1 report is due on September 30, 2016. There are no changes on this report. Employers will not be required to provide pay data this year. Then, employers do not have to file an EEO-1 report for 18 months, until March 31, 2018.

Why Collect Pay Data

Workers depend on the EEOC to advance opportunity and freedom from workplace discrimination. Although much progress has been made in the past 50 years, pay disparities continue to be a problem in the American workplace. Since the creation of the President's Equal Pay Task Force in 2010, the EEOC has investigated tens of thousands of charges of pay discrimination, and through enforcement efforts, the EEOC has obtained more than $85 million in monetary relief for those who have faced pay discrimination based on sex. Additionally, studies show that significant pay gaps exist in the U.S. workforce linked to sex, race, and ethnicity. Even when controlling for other factors, workplace discrimination is an important contributing factor to these pay gaps.

For Further Detail visit the EEOC's website

EEOC Announces Plans to Improve Data Collection & Outreach on Religious Discrimination

New Fact Sheet Addresses Rights, Responsibilities for Youth

WASHINGTON -- U.S. Equal Employment Opportunity Commission (EEOC) announced the release of a one-page fact sheet designed to help young workers better understand their rights and responsibilities under the federal employment anti-discrimination laws prohibiting religious discrimination. The fact sheet is available at EEOC’s Youth@Work website, which presents information for teens and other young workers about employment discrimination.

Combating Religious Discrimination Today, a community engagement initiative coordinated by the White House and the U.S. Department of Justice, Civil Rights Division, brought together EEOC and other federal agencies to promote religious freedom, challenge religious discrimination, and enhance efforts to combat religion-based hate violence and crimes.

Additionally, in an effort to improve the information available about religious discrimination, EEOC announced it will implement changes in the collection of demographic data from individuals who file charges with the agency. These changes will allow EEOC to collect more precise data about the religion of the individual alleging discrimination – allowing the agency, as well as the public, to recognize and respond to trends in charge data.

Finally, EEOC plans to improve coordination with the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which enforces the prohibition of religious discrimination in employment by federal contractors and subcontractors. EEOC and OFCCP will work together to develop joint outreach and education efforts concerning discrimination based on religion.

EEOC enforces the federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.


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