Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Enhanced EEO-1 Form Reporting Requirements Stayed

Author: Scarinci Hollenbeck, LLC

Date: October 2, 2017

Key Contacts

Back

OMB Issues Memorandum Indefinitely Staying The Expanded Reporting Requirements Of The New EEO-1 Form

Late last month, the Office of Management and Budget (OMB) issued a memorandum indefinitely staying the expanded reporting requirements of the new EEO-1 form. Given the burdens associated with enhanced data collection, the announcement is great news for employers.

Enhanced EEO-1 Form Reporting Requirements Stayed
Photo courtesy of Stocksnap.io

As detailed in a prior article, the federal government currently uses EEO-1 reports to collect race, ethnicity, sex, and job category data from private employers. In September 2016, the EEOC revised the rule to also collect pay data from employers, including federal contractors, with more than 100 employees.

The amendments would specifically add aggregate data on pay ranges and hours worked to the information collected. According to the Equal Employment Opportunity Commission (EEOC), the new pay data would provide the agency with insight into pay disparities across industries and occupations. It could then use the information to evaluate employment discrimination complaints, identify investigation targets, and detect pay disparities trends that may warrant additional study.

Slated to take effect on March 31, 2018, the OMB has now halted implementation indefinitely. In her memo to the EEOC, Neomi Rao, Administrator, Office of Information and Regulatory Affairs, stated that the OMB is “initiating a review and immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29, 2016.”

The memo outlines several reasons for the stay. Notably, the OMB is “concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.”

What’s Next?

The EEOC can continue to use the previously approved EEO-1 form to collect data on race/ethnicity and gender during the review and stay. Employers should use the previously approved EEO-1 form in order to comply with their reporting obligations for FY 2017. The deadline is March 31, 2018.

In response to the OMB’s stay, Acting EEOC Chair Victoria Lipnic stated: “The EEOC remains committed to strong enforcement of our federal equal pay laws, a position I have long advocated. Today’s decision will not alter EEOC’s enforcement efforts.”

Accordingly, gender pay equity will remain a priority for the EEOC. The decision to stay the EEO-1 reporting requirements will also likely have no impact on state-level efforts to address the use of salary history and increase pay transparency.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Enhanced EEO-1 Form Reporting Requirements Stayed

Author: Scarinci Hollenbeck, LLC

OMB Issues Memorandum Indefinitely Staying The Expanded Reporting Requirements Of The New EEO-1 Form

Late last month, the Office of Management and Budget (OMB) issued a memorandum indefinitely staying the expanded reporting requirements of the new EEO-1 form. Given the burdens associated with enhanced data collection, the announcement is great news for employers.

Enhanced EEO-1 Form Reporting Requirements Stayed
Photo courtesy of Stocksnap.io

As detailed in a prior article, the federal government currently uses EEO-1 reports to collect race, ethnicity, sex, and job category data from private employers. In September 2016, the EEOC revised the rule to also collect pay data from employers, including federal contractors, with more than 100 employees.

The amendments would specifically add aggregate data on pay ranges and hours worked to the information collected. According to the Equal Employment Opportunity Commission (EEOC), the new pay data would provide the agency with insight into pay disparities across industries and occupations. It could then use the information to evaluate employment discrimination complaints, identify investigation targets, and detect pay disparities trends that may warrant additional study.

Slated to take effect on March 31, 2018, the OMB has now halted implementation indefinitely. In her memo to the EEOC, Neomi Rao, Administrator, Office of Information and Regulatory Affairs, stated that the OMB is “initiating a review and immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29, 2016.”

The memo outlines several reasons for the stay. Notably, the OMB is “concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.”

What’s Next?

The EEOC can continue to use the previously approved EEO-1 form to collect data on race/ethnicity and gender during the review and stay. Employers should use the previously approved EEO-1 form in order to comply with their reporting obligations for FY 2017. The deadline is March 31, 2018.

In response to the OMB’s stay, Acting EEOC Chair Victoria Lipnic stated: “The EEOC remains committed to strong enforcement of our federal equal pay laws, a position I have long advocated. Today’s decision will not alter EEOC’s enforcement efforts.”

Accordingly, gender pay equity will remain a priority for the EEOC. The decision to stay the EEO-1 reporting requirements will also likely have no impact on state-level efforts to address the use of salary history and increase pay transparency.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: