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EEO-1 Form Requirements Change Again, But Laws Requiring Equal Pay Remain

The revised EEO-1 form, which would have required employers with 100 or more employees to report W-2 wage information and total hours worked by race, ethnicity, and sex, will no longer go into effect as planned.

The White House Office of Management and Budget (OMB) issued a stay on the pay-data collection provisions of the revised EEO-1 form in order to review them in light of the Paperwork Reduction Act (PRA).

The EEO-1 filing deadline will remain on March 31, 2018. Employers may use the new EEO-1 form, but leave the salary information portion of the form blank. Employers must still report the number of employees by race, sex, and ethnicity in each of the 10 EEO-1 categories. Stephen Miller "White House Suspends Pay-Data Reporting on Revised EEO-1 Form," www.shrm.org (Aug. 31, 2017).


Commentary

Although reporting form requirements for employers have changed, federal laws requiring employers to pay all employees fairly, regardless of their sex, have not.

Under the Equal Pay Act (EPA), employers must pay men and women equal pay for equal work. The EEOC explains that substantially similar job duties determine what is considered "equal work" regardless of job titles. Furthermore, "equal pay" refers to all forms of compensation, including, but not limited to, salaries, overtime pay, bonuses, vacation and holiday pay, and other benefits such as life insurance, expense reimbursement, stock options, and profit sharing.

Although the number of charges of Equal Pay Act violations received by the EEOC has remained fairly constant since FY 1997, the monetary benefits recovered has increased dramatically, from $2.4 million in FY 1997 to $8.1 million in FY 2016. Employers must audit their wage and hour practices to make sure that they pay men and women equally in order to avoid a costly EEOC lawsuit.

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