Last week, the EEOC filed a motion with Judge Tanya Chutkan to close the Component 2 website. The agency requested an order that would either deem the collection of Component 2 data for 2017 and 2018 complete or clarify the response rate at which the collection will qualify as complete.
Last week, the EEOC released its regulatory agenda providing employers insight into the agency’s anticipated movements in the coming year. The EEOC indicates they are considering rule-making that may include a new report requiring employers to submit pay data or related information as “reasonable, necessary, or appropriate enforcement of Title VII and the Equal Pay Act.” The Advance Notice of Proposed Rulemaking – the first step in putting a new reporting requirement in place - is scheduled to be published by September 2020.
As a reputed authority on matters of affirmative action and equal employment regulation, Berkshire has been asked to testify at a hearing next week regarding the future of the EEO-1 Component 2 pay data collection.
This past week, Berkshire submitted comments in response to the Sept. 12 notice by the Equal Employment Opportunity Commission (EEOC) to discontinue the EEO-1 Component 2 collection while renewing Component 1, which collects race/ethnicity and gender information on employees in ten occupational categories.
In an interesting twist in the ongoing saga about the collection of employee pay data by the federal government, the EEOC announced in a Federal Register Notice that it will not seek renewal of Component 2 of the EEO-1 Report under the Paperwork Reduction Act (PRA). Importantly, this decision does not change the deadline for filing the 2017 and 2018 Component 2 data by September 30, 2019.
While many companies are focused on filing their EEO-1 Component 2 reports by the September 30th deadline, for some federal contractors, there is also the annual requirement for the VETS 4212 report to be filed by that date.
Employers with questions concerning collection of 2017 and 2018 EEO-1 Component 2 compensation data are finally getting some answers. The Equal Employment Opportunity Commission (EEOC) and National Opinion Research Center (NORC) at the University of Chicago have published a series of Frequently Asked Questions on topics ranging from the filing deadline, to how employers should report compensation and hours worked, to confidentiality of the data. Examples have been included to provide additional clarity.
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.
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 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.