News & Analysis as of

Federal Contractors Pay Gap

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

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The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

Polsinelli

To Disclose or Not to Disclose: OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

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As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more

Fisher Phillips

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

Fisher Phillips on

The Biden administration recently announced new pay transparency measures intending to reduce wage gaps based on gender and race. The White House unveiled these new efforts on January 29, which marked the 15th anniversary of...more

Polsinelli

Federal Court Rejects Objections and Orders OFCCP to Disclose EEO-1 Reports

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Despite objections by thousands of employers and its own continuing review of records, the OFCCP has been ordered by a federal court to produce all EEO-1 Type 2 reports of federal prime contractors and first-tier...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees

On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On...more

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

FordHarrison on

Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

Bricker Graydon LLP

EEO-1 Component 1 Portal Opens October 31, 2023

Bricker Graydon LLP on

The 2022 EEO-1 Component 1 data collection process will open on October 31, 2023. Private employers with at least 100 employees and federal contractors with at least 50 employees and are subject to Executive Order 11246, must...more

Dorsey & Whitney LLP

What is the EEO-1 Report and What Are My Obligations?

Dorsey & Whitney LLP on

​​​​​​​The EEO-1 report, commonly referred to as either “Equal Employment Opportunity Compliance Report” or simply “EEO”, is a reporting requirement for many U.S. employers. Mandated by the U.S. Equal Employment Opportunity...more

Schwabe, Williamson & Wyatt PC

OFCCP Issues October 19, 2022 Deadline for Objections on EEO-1 Reports ‎

Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as...more

Laner Muchin, Ltd.

Federal Contractors Have Until September 19th to Object to Disclosure of Their Type 2 Consolidated EEO-1 Report

Laner Muchin, Ltd. on

Background The Equal Employment Opportunity Commission’s (EEOC) regulations require employers with 100 or more employees to file an EEO-1 Report with the EEOC. In addition, the Office of Federal Contract Compliance Programs’...more

Polsinelli

OFCCP Walks Back Portions of Its Controversial Pay Equity Directive, But Contractors Must Still Focus on Proactively Ensuring...

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In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more

U.S. Equal Employment Opportunity Commission...

EEOC Announces Independent Study Confirming Pay Data Collection is a Key Tool to Fight Discrimination

Expert Panel of the National Academies of Sciences, Engineering, and Medicine Concludes that the EEOC’s Pay Data Collection Completed in 2020 Could be Used to “Prioritize Investigations and the Allocation of Resources” - ...more

Mitratech Holdings, Inc

Recent OFCCP Listening Sessions: What did the Agency Hear?

The Office of Federal Contract Compliance Programs (OFCCP) recently held three “listening sessions” with representatives of the federal contractor community for feedback on “pay equity audits, multi-establishment reviews, and...more

Proskauer - Law and the Workplace

Reminder: EEO-1 Filing Deadline Is Fast Approaching With (Sort Of) No Extensions Coming

As we previously reported, the deadline for most employers with 100 or more employees (and most federal contractors with 50 or more employees) to file their 2021 EEO-1 reports is May 17, 2022. The portal for filing the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

White House Focuses on Pay Equity and Transparency

While the Paycheck Fairness Act (S. 205) is stalled in the U.S. Senate, the White House has called for action on issues relating to pay equity. On March 15, 2022, which was women’s “Equal Pay Day” for 2022 in the United...more

PilieroMazza PLLC

The Significance of Equal Pay Day for Federal Contractors

PilieroMazza PLLC on

This past Tuesday, March 15, marked Equal Pay Day, a day signifying how far into this year women (across all races and ethnicities) had to work to earn what men were paid in 2021. While the topic of pay equity is not new,...more

Polsinelli

Ban on Salary History Inquiries to Expand to Federal Contractors

Polsinelli on

The emerging trend of laws banning inquiries into salary history and promoting pay transparency will soon expand to federal contractors.  On March 15, 2022, President Biden issued an Executive Order titled “Executive Order on...more

Polsinelli

OFCCP Issues New Directive Requiring Pay Equity Audits

Polsinelli on

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its first directive of the Biden Administration to address the requirement that federal government contractors and subcontractors perform...more

Orrick, Herrington & Sutcliffe LLP

OFCCP Reverses Course: Actually, Let’s See Those EEO‐1 Pay Data Reports

This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more

Polsinelli

OFCCP May Use EEO-1 Data Reported By Employers in Support of Enforcement Efforts

Polsinelli on

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more

Proskauer - Government Contractor Compliance...

OFCCP to Reconsider Use of EEO-1 Component 2 Data

OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and...more

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

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Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

Stinson - Government Contracting Matters

Contractors Should Prepare for Increased OFCCP Pay Scrutiny

With the change in administration, government contractors should anticipate increased scrutiny of their pay practices. President Biden signaled heightened pay equity enforcement on his first day in office by appointing Jenny...more

Polsinelli

Biden OFCCP Director Appointment Signals That More Pay Equity Enforcement is on the Horizon for Federal Contractors

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The new Biden administration wasted no time implementing changes at the Office of Federal Contract Compliance Programs (OFCCP).  On January 20, 2021, the day of President Biden’s inauguration, the administration moved...more

Polsinelli

After Record Settlements in 2020, Contractors Should Expect More Pay Equity Enforcement Under Biden

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Come Jan. 20, former Vice President Joe Biden will be inaugurated as the U.S.' 46th president. In the run-up to the election, the Biden campaign focused on pay equity issues and closing the wage gap as part of its platform to...more

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