Archives: Pay Equity

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Illinois Equal Pay Act Mandates to Take Effect September 29

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices.  No Inquiries into Salary History. Under the amended EPA, employers and employment agencies may not:  Screen applicants based on their current or prior wage or salary history, including benefits or other compensation; … Continue Reading

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The … Continue Reading

Update: EEO-1 Component 2 Portal to Remain Open

In its most recent required status report to the court, filed September 27, 2019, the EEOC reports: “[s]o long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component … Continue Reading

Like EEO-1 Component 2, California Pay Data Reporting Stalls

With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now. Since July, California’s Senate Bill 171 (requiring private employers with at least 100 employees to submit an annual report of employee pay data broken down by … Continue Reading

The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?

As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact … Continue Reading

Breaking News: EEOC Will Not Seek Renewal of Pay Data Collection At This Time

As previously reported, EEOC is expected to publish tomorrow a Notice of Information Collection regarding EEO-1 Reporting.  An advance copy of the notice reports that “the EEOC is not seeking to renew Component 2 of the EEO-1.” Instead, the Commission has concluded it should consider information from the current Component 2 collection before deciding whether … Continue Reading

The Future of Federal Pay Equity Law, According to Democratic Presidential Candidates

State pay equity laws, in large part, have been a response to a perception that the federal government is not acting effectively or quickly enough to address gender and race pay gaps. Not surprisingly, several democratic presidential candidates have staked out platforms on how they will address pay inequities at the federal level – some … Continue Reading

EEOC to Seek Public Comment on Pay Data Collection

In its required status report, filed pursuant to Court Order, EEOC announced it is preparing a Notice of Information Collection – Employer Information Report (EEO-1) to seek authorization from the Office of Management and Budget (OMB) for the collection of pay data going forward.  As a reminder, OMB approval for the data collection expires September 30, … Continue Reading

Illinois Expands Equal Pay Act and Bans Inquiries about Job Applicants’ Wage Histories

An amendment to the Illinois Equal Pay Act expands the Act’s scope and prohibits employers in Illinois from requesting information about a job applicant’s prior compensation. House Bill 834 passed both houses of the Illinois General Assembly, and was signed into law by Governor J.B. Pritzker on July 31, 2019, as Public Act 101-1077. The … Continue Reading

New Jersey Passes New Salary History Ban

New Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history. Lieutenant Governor Sheila Oliver (acting on behalf of New Jersey Governor Phil Murphy) has signed legislation that prohibits employers from requesting or relying on a job applicant’s salary history in hiring and pay-setting decisions. The law will … Continue Reading

Additional Insights on the New Updated EEO-1 Component 2 Pay Data Materials

As we previously reported, on July 2, EEOC updated the its newly created website with long-awaited materials regarding the obligation of employers with 100 or more employees (or contractors with 50 or more employees) to submit pay data and hours worked data as part of the annual EEO-1 reporting obligations. Please find the rest of … Continue Reading

California Pay Data Reporting Advances: EEOC May Not Be Alone for Long

The recent focus on the EEOC’s new Component 2 to its EEO-1 Report has been undeniable. It requires employers report on the race, ethnicity, sex, job type, pay, and hours worked data of its employees. OMB approved this data collection during the Obama Administration. Then, under President Donald Trump, the OMB reversed course, staying the … Continue Reading

New York Adopts Laws Aimed at Combating Salary Inequality and Race Discrimination

In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo is expected to sign … Continue Reading

Washington Adds Pay History Ban, Transparency Requirements

Washington is the latest state to pass additional pay equity protections. One year after enacting the 2018 Equal Pay and Opportunity Act, which included an array of enhanced pay equity provisions, the legislature passed HB 1696, which restricts pay history inquires and enhances pay transparency requirements. The bill passed on a near party-line vote. Governor … Continue Reading

Additional Pay Data Reporting Order Details

It’s here and it’s real.  The written order memorializing Judge Chutkan’s oral Order setting the September 30, 2019 deadline for collection of employer pay data reveals these additional details: EEOC is ordered to collect EEO-1 Component 2 pay data for calendar years 2017 and 2018 Please find the full article in our Affirmative Action & … Continue Reading
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