Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had finalized its rule for new EEO-1 pay equity reporting requirements.  The final rule has not yet been published in the Federal Register.

According to the EEOC’s announcement, the new rule, which was first proposed in January and then revised in July, requires private employers (including federal contractors) with 100 or more employees to submit pay data with their EEO-1 reports.  Employers with fewer than 100 employees will continue their current EEO-1 practices.  The first deadline for the new reports will not be until March 31, 2018.

Although the final rule has not yet been made available, the EEOC has issued a number of publications about the new rule—specifically, a new EEO-1 form, a “Small Business Fact Sheet,” and a “Questions and Answers” document.  Based on the content of these documents, the EEOC does not appear to have made significant changes to the revised proposed rule published for comment in July.

As discussed in our prior blog post, the new EEO-1 as proposed in July would require employers with 100 or more employees who already provide demographic information regarding the gender, race and ethnicity of their employees to provide additional data about employees’ W-2 earnings and hours worked.  The EEOC has stated that it intends to use the new data to assess allegations of pay discrimination.  The EEOC also intends to “compile and publish aggregate data that will help employers in conducting their own analysis of their pay practices.”

We expect to have additional insights and recommendations once the final rule is published.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.