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EEOC Ends EEO-1 Pay Data Collection Component; 2019 Filing Timeline Still Up in the Air

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February 10, 2020

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For the last two years, employers subject to EEO-1 reporting had to notate compensation information and submit pay data alongside demographic data. This February, a D.C. district court recently approved the Equal Employment Opportunity Commission’s (EEOC) request to consider its 2017 and 2018 pay data collection complete.

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Fifth Circuit: Criminal Background Guidance by EEOC Struck Down

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August 6, 2019

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In 2012, the Equal Employment Opportunity Commission (EEOC) issued a guidance document directed at employers, cautioning them that blanket hiring bans on job applicants with criminal convictions could lead to disparate impact Title VII liability. The rationale was that blanket bans could disproportionately impact ethnic and racial minorities. Employers using this kind of policy could invite further investigation by the EEOC and possible charges of discrimination. The guidance also instructed that an employer could potentially avoid liability by showing that the policy of not hiring applicants with criminal convictions was related to the job being filled, and consistent with the needs of the business.

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EEO-1 Component 2 Reporting for 2017 AND 2018 is Due September 30, 2019

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May 1, 2019

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The Equal Employment Opportunity Commission (EEOC) recently issued reinstatement of EEO-1 expanded data collection requirements and posted notice on its website that EEO-1 filers are required to submit Component 2 data for calendar years 2017 AND 2018 by September 30, 2019. (EEO-1 filers include employers with one hundred or more employees as well as certain contractors with more than fifty employees.) This has been an ongoing issue since the requirement to collect Component 2 data was implemented in 2016, and the Office of Management and Budget’s (OMB) attempt to block its implementation in 2017. As previously reported, in Nat’l Women’s Law Ctr. v. Office of Mgmt. & Budget, a federal judge in the D.C. Circuit Court stated that the OMB failed to demonstrate good cause for staying the release of the updated EEO-1 report form.

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EEOC Abandons the Incentives Sections of their Final Wellness Regulations

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January 1, 2019

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Effective January 1, 2019, the Equal Employment Opportunity Commission (EEOC) removed the incentives section of its final regulations on wellness programs under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). The EEOC regulations previously addressed how the ADA and GINA applied to employee health and wellness programs, including set limits on incentives that could be offered by wellness programs (e.g., for submitting to a wellness medical exam).

In light of the EEOC’S actions, employers are now faced with limited guidance on how financial incentives may be offered as part of their wellness programs.  The EEOC stated new proposed regulations may be forthcoming, but are unlikely to be released before June 2019. Employers should review wellness programs with legal counsel and look for the EEOC’s updated guidance in the future.

Action Items

  1. Have wellness programs reviewed for compliance.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on DACA Program
  2. Reminder: 2017 EEO-1 Filing Deadline March 31, 2018
  3. H1-B Visa: Filing Deadlines and New Requirements
  4. Federal Judge Blocks EEOC Enforcement Guidance on Background Checks
  5. Reminder: Massachusetts Pregnant Workers Fairness Act Effective April 1, 2018
  6. Wisconsin’s Non-Compete Rules Apply to Non-Solicitation Agreements

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