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Total Articles: 10

Tips for Employers Facing a Charge of Discrimination

When an employer receives a charge of discrimination from the U.S. Equal Employment Opportunity Commission or a state agency that enforces anti-discrimination laws, it is important that the charge be handled properly. That is because administrative charges are often followed by discrimination lawsuits.

EEOC Formally Notifies Employers EEO-1 Pay Reporting Requirements Are Suspended

The Equal Employment Opportunity Commission (EEOC) has told employers not to report employees' pay data when filing their 2017 EEO-1 report in a notice published in the September 15 Federal Register. However, employers still must comply with earlier EEO-1 form requirements and report data on race, ethnicity and gender by occupational category.

Stop Payment (Reporting): U.S. Office of Management and Budget Rolls Back Compensation Data Requirements

Employers can breathe a collective sigh of relief. Last week, the Office of Management and Budget (OMB) announced “a review and immediate stay” of the new EEO-1 pay data requirements that were to be included in employers’ March 2018 reports to the EEOC.

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her retaliation claim on her earlier filing of an internal complaint of harassment based on a single allegedly offensive text message. The plaintiff’s internal complaint did not constitute protected activity sufficient to give rise to a retaliation claim because she could not have reasonably believed that receipt of a singular text message violated any law. Taliaferro v. Lone Star Implementation and Electronic Corporation, No. 16-51152 (June 9, 2017).

Additional Information for 2017 EEO-1 Reporting

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports. In an e-mail sent to report filers, the Committee clarified:

Employee Cannot Bypass Title VII, ADA Regulatory Schemes to Hold Public Employers Personally Liable, Third Circuit Rules

Plaintiff-employees cannot pursue a claim under 42 U.S.C. § 1983 (Section 1983) for rights created under Title VII of the Civil Rights Act and the Americans with Disabilities Act, the federal appeals court in Philadelphia has held in a case of first impression for the Third Circuit. Williams v. Pennsylvania Human Relations Commission, et al., No. 16-4383 (3d Cir. Aug. 30, 2017). The Court joins seven other circuits to have considered the issue and came to the same conclusion.

Trump Administration Blocks EEO-1 Pay Data Reporting Requirement

Yesterday, the Office of Management and Budget announced that it was issuing an immediate stay of the revised EEO-1 form. In doing so, the Office explained, “Among other things, OMB is concerned that some aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” Thus, for now, employers are relieved of the obligation of complying with the pay data reporting requirements called for by last year’s revised EEO-1 report form. Covered employers are still required to file EEO-1 reports using the old forms, however.

EEOC Pay Reporting Obligations Suspended

In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligations.

OMB Stays EEO-1 Pay Data Obligations for Employers

On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is staying the collection of pay data via the EEO-1 form that was due by March 31, 2018. The OMB explained that the stay was necessary pending a review of the effectiveness of the pay data component of the EEO-1 form. The EEO-1 form was revised as of September 29, 2016 and would have required all employers with 100 or more employees to provide pay data based upon race, gender, and ethnicity.

eLABORate: EEOC Pay Data Collection Requirement Suspended Indefinitely

Last September, the Equal Employment Opportunity Commission (“EEOC”) revised the form it uses to collect demographic information on employees (the EEO-1) to include additional reporting requirements. Specifically, EEOC revised the EEO-1 form to require private-sector employers with over 100 employees to report information on their employees’ compensation and hours worked (referred to as Component 2). This change was controversial and frustrated many employers, who viewed the new requirements as a significant data collection burden without any meaningful benefit. As a result of this controversy, there has been speculation that the additional reporting requirements would be withdrawn, or the compliance date for Component 2 would be postponed.