OFCCP To Revisit Possibility Of Using EEO-1 Pay Data For Enforcement

Jackson Lewis P.C.

In November 2019, OFCCP announced it would not “request, accept or use” Component 2 pay data submitted by employers as part of EEOC’s previous pay data collection reporting obligation.  OFCCP’s notice followed on the heels of EEOC’s notice that it would not be seeking renewal of approval to collect pay data beyond 2017 and 2018.

OFCCP is now revisiting it’s November 2019 decision.  In a Notice to be published in the federal register on September 2, 2021 OFCCP notes it

“believes the position taken by [OFCCP] in the November 2019 notice was premature and counter to the agency’s interests in ensuring pay equity.

The Notice explains that OFCCP “intends to devote further agency resources to evaluate the data’s utility because the joint collection and analysis of compensation data could improve OFCCP’s ability to efficiently and effectively investigate potential pay discrimination.”

To be clear, OFCCP has not gone as far as to say that it is in fact using the pay data for any enforcement activities, only that it is studying the utility in doing so.

We, like you, will be interested to see what conclusions the Agency comes to following its review.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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