OMB Decides to Review and Stay EEO-1 Pay Data Collection

On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating that the Office of Management and Budget (OMB) “is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016.”

The previous version of the EEO-1 form—which allows the EEOC to collect data on race, ethnicity, and gender by occupational category—remains in effect through the review process. Lipnic’s announcement cautions employers to continue “to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.”

Lipnic commented that,

The EEOC remains committed to strong enforcement of our federal equal pay laws, a position I have long advocated. Today’s decision will not alter EEOC’s enforcement efforts.

I had consistently urged OMB to make a decision on this matter so that stakeholders would be aware of their reporting obligations.

Going forward, we at the EEOC will review the order and our options. I do hope that this decision will prompt a discussion of other more effective solutions to encourage employers to review their compensation practices to ensure equal pay and close the wage gap. I stand ready to work with Congress, federal agencies, and all stakeholders to achieve that goal.