On August 29, the Office of Management and Budget (OMB) the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016, in accordance with its authority under the Paperwork Reduction Act (PRA). OMBās decision follows Ķęż½ć½ćās regulatory , specifically that the new EEO-1 requirements were unnecessary and burdensome. āAmong other things, 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,ā the office said in its memo to the EEOC.
OMBās action does not completely rescind the revised EEO-1 Report, but it does relieve employers of their obligation to file the new āComponent 2ā (W-2 pay and FLSA hours worked information). The previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers should plan to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.
Ķęż½ć½ć opposed the new data collection, calling upon the Trump administration and Congress to rescind the Obama administration Presidential Memorandum ordering the new EEO-1 form, and the form itself. Ķęż½ć½ć submitted comprehensive comments explaining its position to the EEOC in April and August 2016. Ķęż½ć½ć also against this new requirement before Congress in September 2016.
Ķęż½ć½ć commends OMB and the EEOC for providing contractors with the necessary regulatory relief and will notify members of any further developments.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.