Georgia Tech Procurement Assistance Center

OFCCP launches contractor portal initiating AAP verification program

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On December 2, 2021, OFCCP announced the launch of its new “Contractor Portal,” which “[c]overed federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.”

The Contractor Portal will also serve as a “secure portal for scheduled contractors to submit to OFCCP their Affirmative Action Program(s) during compliance evaluations.”

This development has been years in the making, initiated by a 2016 GAO report criticizing OFCCP for having no process for ensuring contractors were preparing their affirmative action programs (“AAPs”) annually, and comes over three years after former Director Craig Leen announced OFCCP’s intention to create an AAP verification program.

Continue reading at:  JD Supra

EEOC announces EEO-1 data collection to open April 26th

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The Equal Employment Opportunity Commission (EEOC) made the long-awaited announcement that this year’s EEO-1 collection would open on April 26, 2021, and close on July 19, 2021.

Employers with at least 100 employees, and federal contractors with at least 50 employees, are obligated to file the EEO-1.

Employers should be ready to file their data within the 12-week window once the collection opens.  As employers begin to prepare their filings, it will be important for them to be aware of what is in this year’s collection and, perhaps more important, what will not.

Continue reading at:  JD Supra

 

EEOC announces April 26 opening date for the collection of 2019 and 2020 EEO-1 component 1 data

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After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020, in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021.

Continue reading at:  EEOC website

Contractors should prepare for increased OFCCP pay scrutiny

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With the change in administration, government contractors should anticipate increased scrutiny of their pay practices.  The new administration has signaled heightened pay equity enforcement on his first day in office by appointing Jenny Yang the Director of the Office of Federal Contract Compliance Programs (“OFCCP”).  Director Yang previously served as the Equal Employment Opportunity Commission (“EEOC”) Chair in the Obama Administration, where she spearheaded the effort to collect pay data from employers as part of the EEO-1 form.

Continue reading at:  Government Contracting Matters

EEO-1 reporting for 2019 and 2020 to close in July 2021

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On March 12, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the EEO-1 Component 1 data collection period will open at the end of April 2021 and close in July 2021.  Submission of the EEO-1 Report is required for employers with 100 or more employees and applicable Federal government contractors with 50 or more employees and contracts of $50,000.

Continue reading at:  Workforce Bulletin

Deadline looms for expanded EEO-1 filing

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For US employers with 100 or more employees, extensive new information relating to their prior EEO-1 filings must be submitted by September 30, 2019.  Specifically, in addition to categorizing employees by race/ethnicity, gender and job type, employers are now required to assemble and submit, with respect to each subcategory, aggregated employee data regarding compensation and annualized hours worked.  Assembling the required data may be much more complicated than many employers are expecting, so it is important to begin planning now.

What is the EEO-1?

For many years, the US Equal Employment Opportunity Commission (EEOC) has required employers with 100+ employees to complete and file an EEO-1 form annually.  The EEO-1 was essentially a relatively simple demographic snapshot of the employer’s workforce, capturing the number of employees in each of several job categories by gender and by race/ethnicity.  The Office of Federal Contract Compliance Programs (OFCCP) also has long required the EEO-1 for federal government contractors with at least 50 employees.

What is different this year?

Late in the Obama administration, the EEOC and OFCCP issued rules requiring employers to start providing additional information regarding compensation groupings and hours worked for each of the existing job, gender and race categories.  Before these rules were fully implemented, however, the Trump administration’s Office of Management and Budget (OMB) halted the rules, asserting that the revisions were overly burdensome and created privacy concerns.  Private organizations, in turn, challenged the OMB action, and in March 2019, a federal court ordered the EEOC to move forward with collecting the new compensation and hours data (collectively referred to as “Component 2” data).  Following further court hearings, the EEOC established September 30, 2019, as the new deadline for submission of the data.

Who needs to worry about this?

Only employers with 100 or more employees need to submit the new Component 2 data.  (Most federal contractors with 50 to 99 employees still must submit the Component 1 data annually, but need not submit the Component 2 data.)

The 100-employee benchmark is not based on a particular establishment, but on the employer’s workforce as a whole.  All full-time and part-time employees must be counted for purposes of determining whether the employer meets the 100-employee threshold.  The 100-employee benchmark is determined by the number of employees as of the years 2017 and 2018, not the current number of employee.

Continue reading at:  Dentons

EEOC opens calendar years 2017 and 2018 pay data collection

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The U.S. Equal Employment Opportunity Commission (EEOC) today opened a Web-based portal for the collection of pay and hours worked data for calendar years 2017 and 2018.  The URL for the portal is https://eeoccomp2.norc.org.

As ordered by the court’s recent decision in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.), EEO-1 filers must submit Component 2 data for calendar year 2017, in addition to Component 2 data for calendar year 2018, by Sept. 30, 2019.

Employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they have 100 or more employees during the 2017 workforce snapshot period.  Employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they have 100 or more employees during the 2018 workforce snapshot period.  The workforce snapshot period is an employer-selected pay period between October 1 and December 31 of the reporting year.  Federal contractors and other private employers with fewer than 100 employees are not required to report Component 2 compensation data.

Continue reading at:  EEOC website

New EEO-1 form aims to collect more employment data

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eeocNo sooner did employers submit their 2016 EEO-1 filings, than a new EEO-1 form requiring more detailed information was approved by the EEOC.

Generally, federal contractors and private employers with 100 or more employees are required to complete the well-established EEO-1 report each year. Employers currently provide employment data that identifies by job category demographic information about race, gender and ethnicity. The old EEO-1 form can be viewed here. The revised EEO-1 form now requires that employers also provide the aggregate of employees’ pay, as reflected in Box 1 of W-2 forms, by job category and broken down by race, gender, and ethnicity. You can view a copy of the new form here.

The EEOC announced its original proposal on January 29, 2016. A public hearing was conducted on March 16, 2016, and public comment was available until April 1, 2016. Hundreds of public written comments were submitted expressing concerns with the revised form.  Predominately, employers expressed concern with the burden imposed by the new reporting requirements, the potential for unwarranted inferences of discrimination based on newly compiled employment data, and the efficacy of the new data as it relates to protecting against discrimination. Ultimately, the EEOC was not persuaded and chose to move forward with the changes to the EEO-1 form. However, the timeline for filing future EEO-1 forms has now been extended until March 31, so employers can utilize prior year W-2s to provide the pay data.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=540708

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