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EEOC | RIN: 3046-AB15 | Publication ID: Fall 2024 |
Title: Amendments to the Regulations at 29 CFR Part 1602 to Provide for a Pay Data Collection | |
Abstract:
The EEOC is proposing a rulemaking (NPRM) regarding the EEOC’s authority to collect pay data and related information consistent with statutory authority to require covered entities to "make such reports as the Commission shall prescribe as reasonable, necessary, or appropriate for the enforcement” of Title VII of the Civil Rights Act of 1964 (Title VII). See 42 U.S.C. 2000e-8(c). In addition to the notice and comment rulemaking process, the Commission may conduct a public hearing on the proposal to authorize such collections, consistent with Title VII. The EEOC could seek approval for future pay data collections in accordance with the requirements of the Paperwork Reduction Act (PRA), which includes separate opportunities for burden analysis and public comment. |
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Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 29 CFR 1602 | |
Legal Authority: 42 U.S.C. sec. 2000e-8(c) |
Legal Deadline:
None |
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Statement of Need: The EEOC proposes this NPRM to amend the Recordkeeping and Reporting Requirements regulation, 29 CFR 1602.7, to collect pay-related data in addition to workforce demographic data. A collection of pay and related data is reasonable, necessary, and appropriate for the enforcement of the prohibition against compensation discrimination in Title VII of the Civil Rights Act of 1964, 29 U.S.C. 2000e-2 (prohibiting discrimination by covered employers with respect to compensation), and also would aid the enforcement of other Title VII provisions. The proposed rule would also reflect an updated EEO-1 reporting process. |
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Anticipated Costs and Benefits: The rule itself would not impose costs on employers, as it only concerns the Commission’s authority to collect pay and related data. Any burden of an actual data collection would be reflected and analyzed in a Paperwork Reduction Act request and notice. |
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Timetable:
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Additional Information: In 2016, the Commission revised the Employer Information Report (EEO-1) to collect certain aggregated (also referred to as "summary") pay data for the first time. This summary pay data collection is referred to as "Component 2" of the EEO-1 employer data collection. The Component 2 data was collected only for years 2017 and 2018. In response to a request from the EEOC, the National Academies of Sciences, Engineering, and Medicine (NASEM) appointed a panel of experts under the Committee on National Statistics (CNSTAT) to independently examine the quality of the Component 2 data and provide recommendations for any future data collections. In 2022, the CNSTAT panel issued its report (the "NASEM Report"). The NASEM Report noted that there is no other "federal data source for pay data and demographic characteristics collected at the employer level." NASEM, Evaluation of Compensation Data Collected Through the EEO-1 Form (2022), note 23, at 18. The report concluded that the collection of pay and related data would significantly enhance the EEOC's efficiency in investigating charges alleging not just pay discrimination, but also other forms of discrimination that can generate pay disparities, such as discrimination in promotions, other terms and conditions of employment, job/work assignments, and occupational segregation. Id at 28. The NASEM Report's conclusions and recommendations will help inform the EEOC's approach to any future pay data collection. | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.eeoc.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Lynn Davenport Assistant Legal Counsel Equal Employment Opportunity Commission 131 M Street NE, Washington, DC 20507 Phone:202 921-3240 Email: lynn.davenport@eeoc.gov |