Supreme Court Ruling Allows Title VII Case to be Heard Without Prior EEOC Charge

Posted by Julie Dominguez, HR Consultant on June 14 2019

A former employee of Fort Bend County, Texas filed an EEO charge for sexual harassment against her former employer. After filing the charge, she was told to work on a Sunday. She said she could not do so due to church obligations. She did not show up to work on that Sunday and was fired. She then attempted to add to her EEOC claim by adding “religion” and “discharge” to the form, but she did not change the formal charge document. She then filed suit alleging religious discrimination and retaliation. SCOTUS is allowing this employment-discrimination case to move forward despite the fact that the EEOC claim she filed was not formally amended to include a religious discrimination charge.

EEO-1 Component 2 Update

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on June 7 2019

The EEOC sent out an email to company contacts on June 3. It was short but informative. The agency re-emphasized the requirement to file Component 2—the salary portion of the EEO-1 - for calendar year 2017 and 2018 and that the report was due by September 30, 2019. Remember Component 2 is only required for companies with 100 or more employees. 

EEOC on Target to Collect Component 2 Data Beginning July 15, 2019

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on May 31 2019

EEOC is moving quickly toward implementing the data collection for Component 2 of the EEO-1 report. The agency submitted one of the required periodic updates to Judge Tanya Chutkan on May 24, 2019. The report details their progress with their outsource vendor, NORC, for Component 2 of the EEO-1 report—since awarding the contract on May 1, 2019. The University of Chicago’s National Opinion Research Center, or NORC, is an independent research institution that delivers reliable data and rigorous analysis according to their website. NORC has been working in the field of social science and public opinion research since 1941.

EEOC Confirms a New Chair

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on May 10 2019

This week, after a nearly two-year wait, the U.S. Senate confirmed Janet Dhillon as EEOC Chair. Her confirmation finally gives the EEOC governing body a quorum—but there are still two open seats. Dhillon joins Democrat Charlotte Burrows, whose term ends on July 1, 2019, and Republican Acting Chair Victoria Lipnic, a Republican whose term ends on July 1, 2020.

Hot News About EEO-1 Pay Data Submission—Due September 30th

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on May 3 2019

The EEOC announced that it intends to collect pay data and hours worked (Component 2) for 2017 and 2018. This news settles the question that has been looming for weeks about what year(s) of pay data would be collected

Pay data refers to the amount paid on an employee’s W2 form in Box 1. Hours worked are the actual hours worked for employees reported in the data. Remember the EEO-1 is filed using a snapshot of the employee population for one pay period between October 1 and December 31 of the EEO-1 year-to-be-filed. Using employees from the snapshot, the pay and hours worked should be filed for the entire year, through December 31 of 2017 and 2018. 

EEO-1 Component 2 Pay Data to be Filed by September 30, 2019

Posted by Kelly Andrews, PHR, SHRM-CP on April 26 2019

On Thursday April 25, 2019, a federal judge ordered that the EEOC begin collecting employee pay data by race, ethnicity, and sex. Also referred to as Component 2 of the EEO-1 report, employers will need to submit their 2018 pay and hours worked data by September 30, 2019. The judge also ordered the agency to collect a second year of pay data, giving it a choice between collecting employers’ 2017 or 2019 pay data. By April 29, the EEOC will post a statement on its website informing employers of the 2018 data submission requirement, and by May 3 it will inform the judge and employers if the 2017 or 2019 pay data will be collected.

OFCCP Proposes Sweeping Changes to Scheduling Letters

Posted by Sonia Chapin, SPHR, SHRM-SCP on April 12 2019

Making good on the promise at the recent town hall meetings, OFCCP recently published proposed updates to the scheduling letters, opening a 60-day comment period on these updates. It’s important to note that these changes are proposed and comments from the public are due by June 11. Given the nature of these changes, employers, law firms, consultants, employer associations, and civil rights organizations will likely be weighing in on this change. OFCCP’s current scheduling letters expire (that is, they are due for renewal of the OMB approval) on June 30. We believe it is unlikely that changes to the letters will be implemented by then and anticipate a temporary extension for the existing letters. So, for the foreseeable future, audits initiated in the next six to nine months (including those locations on the recently published CSAL) will probably be conducted under the existing letters.

OFCCP Opens Consideration for Vets Hiring Recognition Awards

Posted by Patti Sauer, Managing Consultant on April 11 2019

OFCCP is now accepting applications for the 2019 HIRE Vets Medallion Award! This award recognizes federal contractors who have made it their mission to hire, recruit, and retain America’s heroes. Organizations of all sizes can apply, over 230 organizations received the award last year and the process is easy and secure.

The application period is open from now through April 30. Click here for more details.

FY19 Scheduling List Update

Posted by Beth Ronnenburg, SPHR, SHRM-SCP, President on April 5 2019

As we continue to review OFCCP’s recently-released scheduling list and the methodology the agency used to develop the list, it appears the OFCCP will first be scheduling the 500 Compliance Checks, 83 Corporate Management Compliance Evaluations (CMCE), and 72 Functional Affirmative Action Plan (FAAP) Reviews. In the middle of the last paragraph of the OFCCP’s Methodology for Developing the Supply and Service Scheduling List FY 2019, Release-1, available at: https://www.dol.gov/ofccp/scheduling/index.html it states:

 

EEO-1 Pay Data Collection Update

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on April 4 2019

EEOC responded to the Court’s questions about its ability to collect Component 2 of the EEO-1 report on April 3, 2019. Read the full response here. The EEOC’s response is summarized below: