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Posts Tagged ‘EEOC’

Federal District Court Reinstates EEO-1 Pay Data Reporting Requirements (For Now)

March 22, 2019 Leave a comment

MLM Headshot Photo 2019 (M1341570xB1386)By: Matthew Mitchell

In September 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced plans to collect employee compensation data as a component to its annual EEO-1 employer information reporting requirement. This pay data reporting requirement – known as “Component 2” – was slated to go into effect in March 2018, and would have required all private employers with over 100 employees, and certain smaller, government contractors, to report W-2 wage information and total hours worked, for all employees, by race, ethnicity, and sex, within 12 proposed pay bands. Component 2 was an aspect of Obama-era reforms aimed at strengthening EEOC capacity to identify and prevent pay discrimination.

In August 2017, the White House Office of Management and Budget (“OMB”), under the Trump Administration, stayed the implementation of Component 2, indicating that Component 2 disclosure requirements were unreasonably burdensome for employers – the U. S. Chamber of Commerce estimated that Component 2 would result in $400 million in additional administrative costs to employers. That action by the OMB prompted a lawsuit by the National Women’s Law Center and the Labor Counsel for Latin American Advancement against the OMB and the EEOC.

On March 4, 2019, the U.S. District Court for the District of Columbia issued an opinion reinstating Component 2, concluding that the OMB did not have a sufficient basis to support its decision to stay Component 2. The Court’s decision may have significant implications for employers. The current EEO-1 Report filing deadline is on May 31, 2019, and it is unclear whether Component 2 pay data disclosures will be required for the May 31 reporting cycle.

It remains to be seen whether the ruling is appealed, whether the EEOC issues any special instructions in light of the ruling, or whether the EEOC takes steps to revise its EEO-1 reporting guidelines (although the EEOC does not presently have a quorum to effect such a change). Morse Barnes-Brown Pendleton’s Employment Law Group will continue to monitor this issue, and will provide updates as they become available.

For more information, please contact Matt Mitchell.

The #1 Type of Employment Claim Filed with the EEOC is Again Retaliation

February 13, 2015 Leave a comment

By: Robert M. SheaEmployment Attorney Bob Shea

The federal Equal Employment Opportunity Commission (“EEOC”) has just released its statistics for fiscal year 2014 and for the fifth straight year charges alleging unlawful retaliation by employers was the leading type of discrimination alleged.  Retaliation claims accounted for 42.8% of the charges filed with the EEOC, up almost two percent from 2013 to the highest percentage ever.  Retaliation was followed by race discrimination (35%), gender, including sexual harassment and pregnancy discrimination (29.3%), disability discrimination (28.6%), and age discrimination (23.2%).  The EEOC’s enforcement and litigation statistics for FY 1997 through 2014 are found here.

For an explanation of why retaliation claims have become so common, and guidance on steps employers should take to avoid claims, please refer to this March 2013 article.

Please contact the Employment Law team for more information.

Employment Law Clip: Retaliation Claims and Steps Employers Can Take to Avoid Them

June 17, 2014 Leave a comment

According to the federal Equal Employment Opportunity Commission’s (“EEOC”) statistics, 2013 was the fourth straight year when charges alleging unlawful retaliation by employers was the leading type of discrimination alleged. Retaliation claims accounted for 41.1% of the charges filed with the EEOC in 2013, up three percent from 2012. Retaliation is now the most common type of discrimination alleged nationally, topping both race and gender. What are retaliation claims and what steps can employers take to reduce their risks?

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Please feel free to contact any member of our Employment Law Group with any questions.

MBBP’s Employment Law Clip Series provides quick, easy-to-digest snapshots of common Employment issues, as well as practical information on how to avoid complicated, expensive and time-consuming pitfalls. Visit our YouTube page to see all Employment Law Clip videos.

Retaliation Once Again Is the Top Type of Claim Filed with the EEOC

February 24, 2014 Leave a comment

Employment Attorney Bob SheaBy: Robert Shea

The federal Equal Employment Opportunity Commission (“EEOC”) has released its statistics for fiscal year 2013 and for the fourth straight year charges alleging unlawful retaliation by employers was the leading type of discrimination alleged. Retaliation claims accounted for 41.1% of the charges filed with the EEOC, up three percent from 2012. Retaliation was followed by race discrimination (35.3%), gender, including sexual harassment and pregnancy discrimination (29.5%), disability discrimination (27.2%), and age discrimination (22.8%). The EEOC’s enforcement and litigation statistics for FY 1997 through 2013 can be found here.

For more information on this topic please contact any member of our Employment Law Group.

Scott Connolly Presents on Defending Discrimination Claims

September 30, 2013 Leave a comment

Employment Attorney Scott ConnollyOn September 26, 2013, MBBP employment attorney Scott Connolly spoke on a panel at Boston College Law School on the subject of defending discrimination and retaliation claims before the Massachusetts Commission Against Discrimination (MCAD). Scott, who has been defending employers against such claims for more than 12 years, presented to a panel of third-year law students on case evaluation, witness interviews, procedure, development of defenses, and preparation of employer Position Statements.

Employers with questions about responding to charges of discrimination or retaliation at the MCAD or the federal Equal Employment Opportunity Commission should feel free to contact Scott about this area of practice.