November 17, 2017
The National Women's Law Center and the Labor Council for Latin American Advancement filed a lawsuit against the OMB and EEOC for halting the Commission's pay data reporting requirement pushed through in the final days of the Obama administration, alleging the OMB did not have the legal authority to stay the new reporting requirements and disputing claims the data would be useless in uncovering pay disparities. Under the revised EEO-1 Form, employers would have been required to annually report the number of employees and the number of hours worked by race, ethnicity, and gender from within 12 prescribed pay bands for each of the ten EEO-1 job categories. In July the Association sent a letter to OMB observing, among other things, that the revised EEO-1 Form "is meaningless and misleading because it's based on aggregate pay data that blurs legitimate variances and distinctions in pay," and "will likely waste the EEOC's limited enforcement resources and require contractors to unnecessarily spend significant time, money, and resources defending themselves against meritless allegations." Two EEOC nominees, Janet Dhillon and Daniel Gade, are waiting to be confirmed by the Senate. Acting EEOC Chair Victoria Lipnic recently said, "Once we have a complement of new commissioners what will happen with some version—or no version—of EEO-1 pay data collection is something we’ll spend a lot of time on."