HR Policy Urges OMB to Review EEOC's Revised EEO-1 Pay Data Collection Requirement

March 31, 2017

HR Policy has joined with more than 25 employer groups to urge the Office of Management and Budget to "review and reject" the Equal Employment Opportunity Commission's revisions promulgated during the Obama administration requiring employers to annually report the number of employees and the number of hours worked by race, ethnicity and gender from within 12 prescribed pay bands for each of the 10 EEO-1 job categories.  Among other things, our letter states that the EEO-1 Form does not comply with the Paperwork Reduction Act.  The letter urges OMB to act "as quickly as possible" because the first reports are due by March 31, 2018, for 2017 calendar year data.  According to the letter, the EEOC "failed to identify any significant or tangible benefit the revised EEO-1 report would generate," and "failed to accurately or adequately address the burden being placed on filers."  The letter also notes that the data to be collected "will be of no utility to the EEOC because courts upholding federal employment laws do not permit the aggregation of dissimilar individuals into artificial job groupings in order to prove pay discrimination."  Further, a review by OMB is consistent with President Trump's Executive Order on reducing regulation and controlling costs (EO 13771).