In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th … Continue Reading
As we reported last week, in light of three Supreme Court cases addressing religious freedoms, OFCCP has issued a new Directive 2018-3 and a press release regarding “religion-exercising” organizations and individuals. The Directive cites three recent Supreme Court cases as well as Executive Orders issued by President Trump. With respect to the court cases, the … Continue Reading
Day two of the 2018 ILG National Conference has concluded and it was another day packed with information and insights for attendees. Riding the “waves of change”, over the past two days OFCCP and officials from the U.S. Department of Labor Solicitor’s Office as well as the EEOC, have shared their insights, thoughts, and new initiatives and … Continue Reading
As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites. Acknowledging confusion surrounding the instruction, EEOC presented the following today during a webinar held for members of the Industry Liaison Group community: It has come to the EEOC’s attention that there may be some … Continue Reading
Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports. In an e-mail sent to report filers, the Committee clarified: The deadline to file EEO-1 reports for 2017 is March 31, 2018; The Reports must be based on a payroll period in … Continue Reading
In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019. He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur. Director Dowd’s letter … Continue Reading
We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report. In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effectiveness of the new obligation to take time to review data collection … Continue Reading
Day two of the 2017 ILG National Conference is in the books. Conference attendees had a variety of sessions to choose from that covered topics across the spectrum. The morning, however, kicked-off with a much anticipated keynote address from Acting EEOC Commissioner Victoria Lipnic. Commission Lipnic spoke at last year’s conference, prior to being appointed Acting … Continue Reading
As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the proposed budget, released this morning, the OFCCP would see its budget reduced from $105 million to approximately $88 million and have its … Continue Reading
In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure. The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading
Continuing the fervor of activity that has filled his first days in office, President Trump has appointed Victoria Lipnic as Acting Chair of the Equal Employment Opportunity Commission (EEOC). Commission Lipnic has served on the Commission since being appointed in 2010 by President Obama. Her current term is set to run through June 2020. The press … Continue Reading
Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. This is similar to the affirmative action obligations in … Continue Reading
On the eve of the end of its fiscal year, the U.S. Department of Labor has released final rules for new EEO-1 Pay Data reporting obligations as well as paid sick leave regulations for federal contractors. EEO-1 Pay Data Reporting As highly anticipated, and a day before the deadline for the 2016 EEO-1 reporting period, EEOC … Continue Reading
The second day of the 2016 ILG National Conference was filled with many informative sessions including those on implementing affirmative action plans, diversity initiatives, steering, and everyone’s favorite topic – pay. The day opened with an address from EEOC Commissioner Victoria Lipnic. Commissioner Lipnic shared details of the Agency’s work studying harassment in the workplace. … Continue Reading
As part of the vibrant dialogue currently underway surrounding the EEOC’s proposal for modification of the annual EEO-1 Report to include information on pay, Jackson Lewis submitted feedback for the Agency’s consideration. During the public comment period, which closed April 1, 2016, Matt Camardella, Stephanie Lewis, Jennifer Seda and Stacey Bastone prepared and submitted a … Continue Reading
As we reported last week, EEOC has proposed an amendment to the annual EEO-1 form for the collection of employee pay data. The proposed amendment has now been officially published in the Federal Register and is available for public comment. The deadline to submit comments is April 1, 2016. Pursuant to regulation, there will also be … Continue Reading
Today, on the anniversary of President Obama signing the Lilly Ledbetter Fair Pay Act, the EEOC announced proposed changes to its EEO-1 report, requiring employers to submit employee W-2 earnings and hours worked. All employers with 100 or more employees would be required to comply. EEOC and OFCCP would jointly have access to the pay … Continue Reading
The Obama Administration has made it clear that closing the persistent gender “wage gap” is one of its top EEO priorities. As such, OFCCP has ramped up its enforcement of equal pay laws, including rewriting its compensation investigation guidelines with Agency Directive 307, revamping its Division of Statistical Analyses, and reinventing the pay data component … Continue Reading
Hello from the 2014 ILG National Conference in beautiful Washington, D.C. The theme of this year’s conference is “Celebrate 50 Years of Civil Rights” and the conference opens tomorrow morning with an address from Secretary of Labor Thomas Perez. Key officials from OFCCP and EEOC as well as leading practitioners are scheduled to present throughout … Continue Reading
It was only a matter of time, but it has happened. In a letter received recently the EEOC advised it was expanding a single charge alleging disability discrimination, into include the non-alleged issue of nationwide class discrimination in hiring. (See actual letter below). Letter from EEOC – expanding jurisdiction What?! Non-Alleged??! Nationwide? Yes, you read … Continue Reading
