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"EEO-1 Component 2 Pay Data Report: Time Is Running Out, but the Sky Is Still Not Falling"

Now that the EEO-1 Component 2 pay data report portal has been open for a month, and with a mere six weeks until the deadline to file your 2017 and 2018 compensation data, it’s time for an update to our June alert on the same topic. You also might want to tune in to our podcast discussion “What Happens If You Don’t File Your EEO-1 Component 2 Compensation Data?,” which ran on a recent episode of HR Works

EEO-1 Pay Data Batch Upload Now Available and New FAQs Released

As scheduled, EEOC and NORC have now provided employers with a way batch upload their EEO-1 Component 2 pay data. Instructions and details are provided on the More Info Page on the NORC EEO-1 Component 2 website. Specifically, the following documents are currently available:

Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ

On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to report employees who identify as nonbinary in the EEO-1 Component 2 report. We have previously written on the conundrum facing employers with EEO-1 reporting and written affirmative action obligations and employees who have identified as nonbinary.

EEOC Provides Guidance on EEO-1 Filing for Non-Binary Employees

The Equal Employment Opportunity Commission (EEOC) recently released guidance in an FAQ to employers as to how they should report non-binary employees on Form EEO-1.

Documentation Saves the Day in Retaliation Suit

When facing a wrongful termination/retaliation claim, the organization and detail of an employer’s files will be put to the test. In a recent decision, an employer maintained well-documented, detailed files which helped to prove that a termination was not retaliatory. In Lacey v. Norac, Inc., the Eighth Circuit Court of Appeals affirmed summary judgment to an employer in a retaliation claim under Title VII based on allegations that the employee was terminated for refusing to sign an affidavit on the employer’s behalf.

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative Procedure Act (APA) in issuing its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (the “Guidance”).

Fifth Circuit Finds EEOC Overreached in Issuing Criminal Background Guidance

In Texas v. EEOC, the United States Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission exceeded its authority when it issued a guidance that limited criminal background checks in hiring. The ruling is a major blow to the EEOC and its ability to weigh in on the use of criminal background checks.

Federal Appeals Court Strikes Down EEOC’s Criminal Background Guidance In Texas

A federal appeals court ruled yesterday that the 2012 guidance document from the Equal Employment Opportunity Commission (EEOC) that cautioned employers not to apply blanket bans against hiring those with criminal records could not be enforced against the state of Texas, handing the agency a stinging loss. The sweeping decision from the 5th Circuit Court of Appeals calls into question not only the future of the guidance as applied to other employers across the country, but also the EEOC’s power to issue such guidance in the first place. Here are three things all employers should know about yesterday’s ruling.

EEOC Update on Component 2 Filing

As required, EEOC has filed its scheduled update with the Court regarding the progress of collection of the new EEO-1 Component 2 pay data report.

EEOC Component 2 Pay Data Portal Opened/Due September 30

Private employers with more than 100 employees, and certain federal contractors, have long been required to submit workforce demographic information annually to the EEOC (i.e., information regarding sex, race, ethnicity, organized by job category).
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