As anticipated, the U.S. Senate has confirmed the nomination of Republican Janet Dhillon as the Chairwoman of the EEOC.  Ms. Dhillon joins Republican Victoria Lipnic, who has been Acting Chair, and Democrat Charlotte Burrows.  According to EEOC’s website, Ms. Burrows’ term ends July 1, 2019.

The bipartisan EEOC is comprised of a Chair, Vice Chair, three Commissioners and a General Counsel, each appointed by the President with the consent of the Senate.  With the appointment of Ms. Dhillon, the EEOC still has openings for the Vice Chair, two Commissioners and the General Counsel.

At the top of many of our minds is the pay data component of EEO-1 reporting, which is now due by September 30, 2019 for years 2017 and 2018.  The appointment of Ms. Dhillon does not have any immediate impact on the obligation of employers to comply with the pay data-reporting requirement.  However, EEOC filed a Notice in the pay data case (National Women’s Law Center v. Office of Management and Budget) notifying the court of Ms. Dhillon’s confirmation and stating,

[i]f, once a quorum is restored, the Commission takes action related to the Component 2 data collection that is the subject of this litigation, we will promptly notify the Court.

As always we will continue to monitor this case and bring you any important updates.

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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.