Back in February, our Labor and Employment Department issued a Client Alert regarding efforts by the Equal Employment Opportunity Commission ("EEOC") to revise and update employer responsibilities on Form EEO-1, a longstanding joint information collection of EEOC and the U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP"). Currently, the form seeks from covered employers information on race, ethnicity, sex and job category.
The proposed changes, which would be fully implemented in 2018, would also require that salary information be provided for each employee. The rationale behind the addition would be to uncover evidence of a pay gap between covered classifications and their peers.
Ahead of a second public comment period, the EEOC today released a copy of the new proposed form. You may view the form here.
Our advice now is the same now as it was then. Covered employers should begin by finding a mechanism to easily harvest the data, and address any technological deficiencies that hinder that collection as soon as possible. There is uncertainly, especially given that it is a presidential election year, that the proposed changes will come to fruition. But if the changes are ultimately implemented, employers need to begin to address the issue now so as not to be caught flat-footed.
As always, feel free to contact us with any questions.
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