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Senate Bill Takes Aim at 1,933% Increase in Data Collection Proposed in EEO-1 Pay Data Revisions

Senate Bill 2693, the “EEOC Reform Act,” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76,408” discrimination charges pending at the close of fiscal year 2015.

The bill, introduced by Health, Education, Labor and Pensions Committee Chair Senator Lamar Alexander, submits that EEOC must do a much better job of determining the actual costs of the proposal and the agency has more pressing priorities that ought to be accomplished first.

The bill would require EEOC to better estimate the cost of collecting and securing the proposed pay data by gathering and ensuring the protection of federal employee pay data before implementing the EEO-1 revisions. Under the bill, EEOC will be required to:

• As a test case, collect federal employee pay data information from each federal Department or Agency corresponding to the same pay data EEOC proposes to collect regarding private employees;

• Verify, comply, and ensure the security and confidentiality of the federal employee data;

• Publish that federal employee data in the aggregate;

• Determine:

  • The number of EEOC employees, employee hours, and cost necessary to accomplish those tasks;

  • The number of EEOC employees and hoursdiverted from addressing pending charges to these tasks and publish that information;

• Using this information regarding federal employees as a gauge:

  • Calculate the number of EEOC employees, hours, and cost necessary to collect and protect pay data of private employees;

  • Determine the number of EEOC employees and hours diverted from addressing pending charges to these tasks for private employees and publish that information;

  • Publish this information; and

  • Report all this published information to Congress.

EEOC would be required to collect, publish, and report this information annually.

In addition, EEOC would be required to develop software for securely archiving and protecting all this data. After the software is developed, EEOC must develop a detailed and specific plan (the “Comprehensive Plan”) for how the data would be used for enforcement purposes, a task which the bill submits EEOC has failed to accomplish.

After EEOC submits the first annual report to Congress and completes the Comprehensive Plan, EEOC would then be permitted to submit the published information and the Comprehensive Plan as part of its effort to obtain Office of Management and Budget approval to collect the proposed pay data from private employers.

Before implementing the revised EEO-1, EEOC also would be required to reduce its inventory of pending charges to “not more than 3,660” from the 76,408 pending at the close of FY 2015.

What does this mean? It would likely mean a significant delay, perhaps a year, in the implementation of the revised EEO-1. EEOC would need to fulfill the foregoing obligations as well as reduce its backlog of charges.

Moreover, the bill provides that if the revised EEO-1 is implemented before the bill is enacted, upon passage of the bill, EEOC must stop implementation until it complies with these requirements.

Jackson Lewis P.C. © 2020

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About this Author

F. Christopher Chrisbens, Jackson Lewis, litigation attorney, employment law, intellectual property legal counsel, OFCCP compliance lawyer
Of Counsel

F. Christopher Chrisbens is Of Counsel in the Denver, Colorado, office of Jackson Lewis P.C. Over his years as a litigation attorney, manager, trainer and workplace investigator, Mr. Chrisbens has developed a diverse array of employment law skills serving employers in a variety of legal and corporate settings.

Mr. Chrisbens began his career as a litigator and appellate practitioner in Los Angeles, California, and later returned to Boulder, Colorado where he was partner in a Boulder firm practicing in the areas of commercial...

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Stephanie E. Lewis, Jackson Lewis, Managing Principal, Policy Litigation Attorney,
Office Managing Principal

Stephanie E. Lewis is the Office Managing Principal of the Greenville, South Carolina, office of Jackson Lewis P.C. She represents employers in employment litigation and advises clients on preventive practices and policies to avoid litigation.

Ms. Lewis has handled all aspects of employment law but focuses on sexual harassment, pay discrimination, and disability discrimination issues in the automotive, manufacturing, retail, and pharmaceutical industries. She regularly presents on employment-related topics to Bar and...

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Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
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Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...

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Jennifer Seda, Jackson Lewis, affirmative action attorney, OFCCP audit counsel, corporate management lawyer
Shareholder

During the past several years, Ms. Seda has defended hundreds of OFCCP audits, including on-site reviews, corporate management (“glass ceiling”) reviews, and on-sites. This high volume of OFCCP audit defense allows Ms. Seda to keep on top of the OFCCP’s rapidly evolving enforcement trends and develop excellent relationships with OFCCP personnel. As a result, during the past several years, Ms. Seda and the Affirmative Action Practice Group have obtained Letters of Compliance in more than 99.5% of the hundreds of audits they have defended.

Ms....

303-225-2411