February 10, 2016
On February 1, 2016, the Equal Employment Opportunity Commission (EEOC) announced plans to expand EEO-1 reporting requirements, beginning in 2017, to include compensation information for employers of 100 or more employees. The proposal is concerning because of the added burden to employers, the risk of jeopardizing confidentiality of pay data and the potential liability risk. The proposal mentions using the pay data to identify employers with pay disparities that may warrant further examination. Further, the EEOC and OFCCP plan to develop statistical tools that will be available to staff to analyze an employer’s pay data. Should this proposal move forward, employers that are not already doing so should consider a privileged compensation analysis to identify potential disparities.

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