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BT Currents - Hot Topics in Employment Law

UGH!! Now They Want Wage Info on the EEO-1?!?

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On Jan. 29, the White House announced that the Equal Employment Opportunity Commission (EEOC) will issue proposed regulations to modify the Employer Information Report, known as the EEO-1, to include collecting pay data from employers with more than 100 employees. The EEOC says it needs this pay data to “assist . . . in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”

 

Currently, the EEO-1 gathers information on employers’ workforces by race, ethnicity, sex, and job category. The current proposal would amend the EEO-1 to also gather pay ranges and hours worked. The EEOC’s question and answer sheet provides the following example: an employer might state that it has 10 African-American men who are Craft Workers in the second pay band ($19,240 to $24,439) who worked a total of 10,000 hours.

 

The EEOC published the proposed regulation in the Federal Register on Feb. 1. The public will have until April 1 to submit comments to the EEOC. The EEOC anticipates implementing the regulations in time for the Sept. 30, 2017, EEO-1 filing deadline.

 

While the proposed regulations are not law, they signal an increase in the EEOC’s interest in prosecuting Equal Pay Act claims. As a result, employers are well advised to review their pay practices before an EEOC investigator shows up at their door.

Mark Scudder

Mark D. Scudder is an of counsel member of Barnes & Thornburg LLP's Labor and Employment Law Department in the Fort Wayne, Indiana, office. Mr. Scudder’s practice covers virtually all areas of labor and employment law, including litigation concerning discriminatory practices, worker’s compensation benefits, collective bargaining agreement administration, and grievance and arbitration proceedings. He has represented clients in state and federal courts at all stages of litigation, from pre-litigation counseling, alternative dispute resolution, trial and appeal.

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