Today the U.S. Equal Employment Opportunity Commission held a public hearing regarding the Agency’s pending proposed revisions to the EEO-1 Report to include a pay reporting component.  As proposed, all employers with 100 or more employees would add information on aggregate pay ranges and hours worked to the EEO-1 report, beginning in 2017.

During the all day hearing the Commission heard from Department of Labor officials as well as three panels, comprised of industry experts, representatives of employer and advocacy groups as well as academics.

After initial remarks by EEOC Chair Jenny R. Yang and each of the EEOC Commissioners, the Commission heard from Patricia Shiu, Director of OFFCP and other DOL witnesses on the feedback received in response to OFCCP’s proposed Equal Pay Report and the Agency’s cooperation with EEOC to implement a single pay data collection tool.  OFCCP will not continue to pursue implementation of the agency’s proposed Equal Pay Report and instead will utilize data reported to the EEOC.

Following the agency witnesses, the Commission received feedback from the three rounds of panels.  Panel members, previously selected by EEOC,  provided written and oral statements and answered questions from each of the Commissioners.  During the hearing the Commissioners were presented with data, anecdotes, concerns and even a replica of the proposed revised EEO-1 form to demonstrate the increased number of data collection fields created by the EEOC’s proposal.

In acknowledging the persistent wage gap, the statements presented throughout the day centered on the themes of:

  • a need for transparency;
  • a desire to develop a meaningful tool to assist the Department identify indicators of potential pay discrimination for further investigation; and
  • an obligation to minimize the burden on employers

The final panel of the day also engaged in a robust discussion about confidentiality concerns raised by the collection, transmission and making public of the proposed pay information.

It was clear from the statements presented and the questions posed that both the Commission and those asked to present were focused on better understanding the burden of the new reporting obligations on employers and suggestions for increasing the utility of the reports.  Jocelyn Frye from the Center for American Progress reminded those in attendance that the government has been working on the development of a pay data collection tool, in various forms, for the past two decades.

In her closing remarks Chair Yang again encouraged public comment on the proposed changes.  The initial public comment period is currently scheduled to close on April 1st.  Take the time to let your voice be heard.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.