EEOC Wants Pay Data Added to EE0-1 Reports

Sue Schaecher was quoted in Law Week Colorado on February 8, 2016. The article “EEOC Wants Pay Data Added to EE0-1 Reports,” discussed the Equal Employment Opportunity Commission's new proposed rule which seeks to collect more information from employers on their pay practices in connection with their employees’ gender and race.

Sue was quoted on her take of the new proposed rule.

The proposed reporting requirement “puts quite a burden on employers and raises questions on how the information might be used, and how probative the information might be,” said Sue. The commission appears to be saying it would not only use the pay data to evaluate existing discrimination complaints but also initiate new investigations, she added.

The confidentiality of the information the EEOC wants to be submitted is another concern, Sue noted.  In a smaller business’ report, it may be fairly obvious who makes what once demographic information is included, and that data might be accessible through a Freedom Information of Act request. This is a concern for businesses because that information could be used to a competitor’s advantage, Sue said.

To read the full article, please visit Law Week Colorado [subscription required].