Earlier this year, a U.S. District Court in Washington, D.C. ordered the EEOC to collect two years’ worth of EEO-1 Component 2 pay data from mid-size and large employers by a deadline of September 30, 2019.  In its most recent status report on the subject, however, the agency revealed it did not collect enough data to satisfy the judge’s response criteria, having received submissions from only 39.7% of eligible employers.
Continue Reading EEO-1 Component 2 Pay Data Update

Illinois joined a handful of other states when its prohibition on employer inquiries into applicants’ prior wage or salary information took effect this week. Under the law, no employers in Illinois can ask about the wage or salary histories of job applicants.
Continue Reading Illinois Bans Employer Inquiries on Salary History, Continues Trend

The EEOC recently published guidance under its FAQ page regarding the question of how to report nonbinary gender employees on the annual EEO-1 report.  The EEO-1 report is a yearly survey that employers must complete and submit to the agency which requires the employer to identify characteristics of its workforce such as race/ethnicity and sex.  This survey does not allow the employer or the affected employee to abstain from responding, which creates difficult decisions for the employer who must fill-in-the-blank when an employee declines to self-identify. 
Continue Reading New Guidance Issued by the EEOC as to Nonbinary Gender Employees

Earlier this year, Dallas passed an ordinance requiring all private employers to provide paid sick leave to employees. The Dallas ordinance follows similar laws passed recently in both Austin and San Antonio.
Continue Reading Dallas Employers, Get Ready for the City’s New Paid Sick Leave Ordinance

We previously posted on the unfortunate ruling in March 2019, when a Federal Court reinstituted the “Component 2” wage reporting in the annual EEO-1 Report.  The highly controversial requirement – that employers annually report, to the government, W-2 earnings and hours worked for all employees – had been proposed in 2016, but stayed by the Office of Management and Budget (OMB) in 2017.
Continue Reading Help Desk Opens for EEO-1 Pay Data, as September 30th Looms Near

In a unanimous 9-0 decision authored by Justice Ginsburg, the U.S. Supreme Court resolved a split amongst the circuit courts of whether filing a charge of discrimination pursuant to Title VII is a jurisdictional prerequisite or a claims-processing rule.
Continue Reading SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional