EEOC Releases Proposed Rule to Collect Pay Data from Employers
Today, on the anniversary of President Obama signing the Lilly Ledbetter Fair Pay Act, the EEOC announced proposed changes to its EEO-1 report, requiring employers to submit employee W-2 earnings and hours worked. All employers with 100 or more employees would be required to comply. EEOC and OFCCP would jointly have access to the pay data for enforcement purposes.
Importantly, while the EEOC’s pronouncements this morning focus only on the gender “pay gap” as the basis for the new requirements, the proposed changes will mandate submission of pay data broken down by race/ethnicity, in addition to gender.
For the past few years, at the President’s direction, EEOC and OFCCP have sought to develop a reporting tool that would require employers to submit pay data on employees nationwide so the agencies can target investigations to address the gender “pay gap.” This proposal is the culmination of that effort.
The proposed rule will be published Monday, February 1st, and interested parties will have sixty days to submit comments.