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.
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.
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.
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 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.
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: