The pay data collection aspects of what was to be the “new” EEO-1 form, which many employers had been preparing to submit for the first time in March 2018, are now on hold. However, it is important to note that employers who are required to submit an EEO-1 form still must complete the existing form, which requires submitting employment data by race, ethnicity, gender, and job category.
On the evening of August 29, 2017, Acting Chair of the EEOC, Victoria A. Lipnic, issued a statement advising that the Office of Management and Budget is “initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form …, in accordance with its authority under the Paperwork Reduction Act.” Acting Chair Lipnic’s full statement can be found here.
The revised form, approved on September 29, 2016, has been extensively expanded in order to facilitate the collection of pay data from employers. At the time, the EEOC explained that a primary goal of requiring employers to release such detailed information was to identify pay disparity and pay equity issues. In her statement, Acting Chair Lipnic commented that the “EEOC remains committed to strong enforcement of our federal equal pay laws” and the OMB’s decision “will not alter EEOC’s enforcement efforts.”
While this recent development will undoubtedly save employers significant time and effort, companies nevertheless need to remain mindful of the many requirements under applicable federal, state, and local anti-discrimination laws applicable to the workplace.
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