August 23, 2017

August 23, 2017

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August 22, 2017

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August 21, 2017

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U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

On July 13, 2017, the House Committee on Appropriations signaled what could be a devastating blow to the future of the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  As you may recall, in February 2016, the EEOC released a rule – which was later revised – to amend the Form EEO-1.  The new rule requires private employers (including federal contractors) with 100 or more employees to submit pay data with their EEO-1 reports.  Employers with fewer than 100 employees will continue their current EEO-1 practices.  Under the rule, the first deadline for the new reports will be March 31, 2018.  Our prior blog posts on the revised EEO-1 are available herehereherehere and here.

On July 13, 2017, the House Committee on Appropriations voted to limit the EEOC’s ability to implement its revised EEO-1.  The Committee adopted an amendment to the Commerce, Justice, Science Appropriations Bill which states that “[n]one of the funds made available by this Act may be used by the Equal Employment Opportunity Commission for the ‘collection of information,’ . . . from employers relating to employees’ earnings and hours worked . . . .”  This amendment was adopted by the Committee by a vote of 29-20.  This vote is consistent with the Committee’s report, which seeks to have the EEOC “prioritize inventory reduction rather than allocate resources for systematic changes in which no complaint was filed by an actual/former employee or applicant.”

If the Appropriations Bill is ultimately passed, it is unlikely that the EEOC’s revised EEO-1 will be implemented in the upcoming fiscal year.  This will undoubtedly save employers both time and money associated with the burdensome collection and analysis of the revised EEO-1’s pay data.

 

© 2017 Proskauer Rose LLP.

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About this Author

Connie N Bertram, Labor, Employment, Attorney, Proskauer Rose, law firm
Partner

Connie N. Bertram is a Partner in the Labor & Employment Department, resident in the Washington, DC office. Connie is the head of the DC Labor & Employment practice, and co-head of the Whistleblowing & Retaliation, and Government Regulatory Compliance and Relations Groups.

Connie concentrates her practice on labor and employment, executive, whistleblower, government contractor and employee mobility counseling and litigation. She is frequently tapped to conduct confidential internal investigations involving executive-level employees, including claims of...

202-416-6810
Alex Weinstein, Labor Attorney, Proskauer Law Firm
Associate

Alex Weinstein is an associate in the Labor & Employment Law Department. He represents employers in all aspects of employment litigation and counseling.

Alex’s practice focuses on defending companies in both federal and state courts in various industries, including manufacturing, retail, government contracting, utilities, service companies, distribution companies and security. His litigation practice has included class actions and collective actions, general labor and employment, executive disputes, whistleblower claims, government contractor compliance, employee mobility disputes, and wage and hour litigation. He also advises clients on all aspects of employment law, including wage and hour practices, whistleblowers, leave policies, reductions in force, labor relations, flu vaccination policies, and FMLA and ADA compliance and administration.

202.416.5875