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Laura A. MitchellBlog Posts

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EEOC Must Keep Pay Data Reporting Portal Open

Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data.  The Order states, despite the acknowledged expense, that EEOC must continue to take all steps necessary to complete the... Continue Reading…
October 29, 2019

OFCCP Releases Technical Assistance Guide for Educational Institutions

As previewed a while ago on the Agency’s Technical Assistance website, OFCCP has released a Technical Assistance Guide for Educational Institutions.  The 80-page guide contains An overview of the equal employment opportunity obligations for federal contractors The required components of affirmative action programs and related information What to expect during an OFCCP compliance evaluation As... Continue Reading…
October 11, 2019

OFCCP Seeks to Tweak Disability Self-Identification Form

At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP quietly published a request to tweak its prescribed disability self-identification form.  The revisions seek to streamline the form and provide additional guidance to applicants and... Continue Reading…
October 11, 2019

EEOC Seeks Court Permission to Deem Pay Data Reporting Complete

In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.”  The EEOC is reporting that, “as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.” Please find the rest...… Continue Reading
October 9, 2019

EEOC Seeks Court Permission to Deem Pay Data Reporting Complete

In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.”  The EEOC is reporting that as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data. EEOC previously suggested that... Continue Reading…
October 9, 2019

Update: EEO-1 Component 2 Portal to Remain Open

In its most recent required status report to the court, filed September 27, 2019, the EEOC reports: “[s]o long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component...… Continue Reading
September 27, 2019

Update: EEO-1 Component 2 Portal to Remain Open

In its most recent required status report to the court, filed September 27, 2019, the EEOC reports: [s]o long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component 2... Continue Reading…
September 27, 2019

OFCCP Receives Push Back on Proposed “Religious Freedom” Protections

In August, OFCCP issued a proposed new rule to clarify aspects of a religious exemption available to federal contractors.  According to OFCCP, the rule is intended to provide clarity regarding the scope and application of the existing religious exemption consistent with the evolving landscape of religious freedom- based legal developments, including Masterpiece Cakeshop, Ltd. v. Colo. Civil... Continue Reading…
September 27, 2019

GAO Assesses OFCCP Progress, Agency’s Impending Request To Collect Contractors’ Annual AAPs

Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP has taken steps to implement its recommendations.  And now, the GAO has issued a progress report evaluating OFCCP’s actions toward the 2016 recommendations. The GAO’s progress report... Continue Reading…
September 23, 2019

The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?

As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact...… Continue Reading
September 12, 2019

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