As yet another confirmation that pay equity will be a priority for the Biden-Harris administration, the proposed Paycheck Fairness Act has been reintroduced in the U.S. House of Representatives as H.R. 7. The proposed legislation has a long history but has never been given a vote in the Senate – it last passed in
Pay discrimination
EEOC Renews Request to Close Component 2 Pay Data Portal
By Laura A. Mitchell on
Posted in Enforcement Update
EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete. In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the…
OFCCP Officially Reports It Will Not Use EEO-1 Component 2 Pay Data
By Laura A. Mitchell on
Posted in Uncategorized
Via Federal Register notice, OFCCP has officially stated the Agency
will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.
The notice is a welcomed confirmation…
EEOC to Hold Hearing On EEO-1 Reporting
By Laura A. Mitchell on
Posted in Uncategorized
To provide another opportunity to receive input on the Agency’s proposed revisions to the EEO-1 report, EEOC has scheduled a public hearing on the matter for November 20, 2019. The notice comes as EEOC has been ordered to continue with collection of Component 2 of the EEO-1 Report for 2017 and 2018 beyond expiration of…
Latest Update from EEOC on Component 2 Pay Data Reporting
By Laura A. Mitchell on
Posted in Compliance Update, Uncategorized
Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional…
Details about OFCCP’s Technical Assistance Guide for Educational Institutions
Posted in Compliance Tip
The Technical Assistance Guide for Educational Institutions (the “Guide”) OFCCP released recently is largely a review of existing standards and regulations, but it also includes suggested best practices and concrete guidance specific to educational institutions.
The complete document is available with other guidance on OFCCP’s Technical Assistance website. A summary follows.
Since releasing the…
EEOC Must Keep Pay Data Reporting Portal Open
By Laura A. Mitchell on
Posted in Compliance Update
Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC
must continue to take all steps necessary to complete
…
OFCCP Issues Pay Analysis Grouping Opinion Letter
By Laura A. Mitchell on
Posted in Compliance Update
In just its second Opinion Letter, OFCCP has [somewhat] tackled the issue of Pay Analysis Groups (PAGs). Issued two months after the inaugural Opinion Letter which addressed the issue of Pell Grants, Director Craig Leen’s second letter touches upon the more controversial topic of compensation.
In the July 22, 2019 letter, Director Leen answers…
Director Leen Shares OFCCP Update
By Laura A. Mitchell on
Posted in Regulatory Update
OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done.
Speaking this week in Florida, Director Leen shared accomplishments, and things to come, for each of the four tenants. However, he noted he was not allowed to comment on the pending proposed changes to the scheduling letters.…
EEOC Decides to Collect 2017 Pay Data In Addition to Data for 2018
By Laura A. Mitchell on
Posted in Uncategorized
One of the biggest outstanding questions about the recently reinstated pay data reporting obligation was whether employers will be required to provide more than one year of pay data during this reporting cycle. EEOC has made its decision. In an advance copy of a notice to be posted in the federal register May 3, EEOC puts employers on notice that it will seek to collect data for 2017 in addition to 2018.
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