Los Angeles partner Kate Gold was quoted in a Law360 article titled, "Attys React To EEOC's Equal Pay Data Reporting Proposal."
The U.S. Equal Employment Opportunity Commission has unveiled plans to require federal contractors and other employers with more than 100 workers to provide more pay data, which the agency says will help uncover potential pay discrimination.
"The EEOC’s proposed revisions to its EEO-1 form will require all employers with 100 or more employees who currently submit the EEO-1 to submit additional summary data on wages paid to their employees, including by gender, race and ethnicity. As currently proposed, this information would be reported across 10 job categories and by 12 pay bands, but will not require the reporting of specific salaries of each individual employee. This proposal is broader than one previously published by the Department of Labor, which would have applied only to federal contractors. Under the current proposal, employers would first submit pay data as of the Sept. 30, 2017, EEO-1 filing deadline. However, the proposed revision must first follow the normal procedures and public comment process before it can be implemented. The takeaway for employers is that the spotlight on pay equity is not going away. In fact, the White House fact sheet makes it clear that the revised EEO-1 form is just one of several ongoing steps designed to focus employers on fair pay practices and closing the gender-based wage gap. States such as New York and California passed equal pay laws last year and a number of states will introduce legislation this year. The possibility of a revised EEO-1 form is one more wake-up call to employers to audit their employee compensation and pay practices and evaluate whether disparities can be explained and whether adjustments should be made."