Hunton Employment & Labor Perspectives

As previously reported, the EEOC announced on January 29, 2016 its proposal to require businesses with 100 or more employees to annually turn over pay data by gender, race and ethnicity.   The public has until April 1, 2016 to submit comments on the proposal.  Both the Retail Industry Leaders Association (RILA) and the U.S. Chamber of Commerce have issued statements that the proposed requirements would be overly burdensome for employers and would result in the collection of data that would fail to provide any meaningful insights as to whether employer pay practices are discriminatory.  Additional organizations are expected to comment, including the National Federation of Independent Business, but as it stands, the EEOC anticipates requiring the additional pay as part of the EEO-1 reports due on September 2017.  We will continue to report as things develop.