On January 29, 2016, the EEOC announced proposed revisions to the annual EEO-1 Report to include pay data and hours worked. The proposed revisions would apply to employers who are federal contractors, and those large employers with more than 100 employees.The purpose of the change is to assist the appropriate federal agencies in assessing complaints of pay discrimination and identifying for employers current existing pay disparities. Presumably, the EEOC would also use this data in an aggregated form to help employers conduct their own pay practice analysis. The current EEO-1 includes information on employees' race, ethnicity and gender in various job categories. The changes would go into effect September 2017. The proposed changes can be found here.

The public has 60 days, from February 1 to April 1, 2016, to submit comments through the Federal Register website.

Personally, I think the newly required information on the EEO-1 Reports could create more employee complaints and, therefore, could expose employers to more retaliation claims. Remember, starting fiscal year 2009 we saw charges of retaliation eclipse race discrimination as the most frequently alleged basis of discrimination for the federal government.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.