Georgia Tech Procurement Assistance Center

Contractors must update EEO poster

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Replacing the “EEO is the Law” poster is not optional.

The Equal Employment Opportunity Commission issued a new “Know Your Rights” poster, which updates and replaces the “EEO is the Law” poster.

The EEOC’s equal employment opportunity poster has long been a required poster for federal contractors, and the Office of Federal Contract Compliance Programs did not take long to alert contractors that this new poster is mandatory and must be displayed to applicants and employees.

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

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

Equal opportunity requirements for government contracts

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With the Biden Administration’s stated goal of advancing equity in government contracting operations, businesses supplying goods or services to the U.S. federal government need to be aware of the equal opportunity requirements the government currently imposes on federal contractors and subcontractors.  The current equal opportunity requirements consist of three government regulations: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”).  Each of these equal opportunity regulations are applicable when doing business with the federal government or federal agencies, such as the Department of Defense or Department of Health and Human Services.  This client advisory will examine each of these three regulations in turn and will provide proposed strategies for compliance.

Continue reading at:  Mondaq

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

OFCCP promises clear guidance and consistency, laying out a program of carrots and sticks

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In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear guidance and transparent enforcement processes, offered incentives for voluntary compliance, and outlined plans to identify and audit government contractors that are ignoring their obligations.

His speeches came at the beginning and end of a four-day Industry Liaison Group National Conference held in Anaheim, California that was attended by HR compliance professionals and officials from the Department of Labor (DOL), OFCCP, and Equal Employment Opportunity Commission (EEOC). Although the conference included presentations from industry experts, the highlight for many was the opportunity to hear directly from the OFCCP, including its new acting director.

Mr. Leen opened the conference with a keynote address focusing on his goals for the OFCCP, including transparency, certainty, efficiency, and recognition. Mr. Leen highlighted OFCCP’s recent Directive 2018-01, which requires a Predetermination Notice (PDN) in all cases with preliminary individual and systemic discrimination findings. According to Mr. Leen, contractors can expect meaningful, good-faith conciliation.

Additionally, he noted that the OFCCP will no longer engage in fishing expeditions with information requests during a compliance evaluation. Instead, OFCCP compliance officers must have specific reasons for a request and be able to explain the need for the information upon request.

Importantly, in the information request context, Mr. Leen explicitly acknowledged that contractors will be given reasonable time to respond and that the age of “false deadlines” to show authority was over.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=727378

Employers required to file EEO-1 reports by Mar. 31st — Does this apply to you?

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Private employers with 100 employees or more and federal contractors with 50 employees or more and $50,000 in contract(s) are required to submit and certify an EEO-1 Report with the Joint Reporting Committee, comprised of the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP), not later than March 31, 2018.

The EEO-1 Report collects data on the race, ethnicity, and sex of workers, by job category.  The employment data used for the 2017 EEO-1 report should be collected using a payroll period in October, November, or December 2017, the fourth quarter of calendar year 2017.  This payroll period is what the EEOC refers to as the 2017 “workforce snapshot period.”

Employers submit EEO-1 reports via the EEO-1 Online Filing System on the EEOC’s website or will utilize this portal to electronically transmit a data file containing the EEO-1 data.  This website is accessible at: https://www.eeoc.gov/employers/eeo1survey/index.cfm.

Questions about this requirement and the process may be submitted via email to: eeo1.suggestionbox@eeoc.gov.

The EEOC had planned to collect additional information this year, including aggregate W-2 pay and hours-worked data.  However, the Office of Management and Budget (OMB) stayed the additional requirements pending OMB’s review.

 

 

 

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

EEOC releases updates to proposed EEO-1 reporting revisions

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EEOCAs anticipated, the EEOC has released updates to its proposed rule obligating certain employers and federal contractors who file annual EEO-1 reports to include employee pay data information in addition to already-required employee demographic data.

While the updated proposed rule would require the collection and reporting of the same general pay data information as initially proposed, the updated rule:

  • extends the due date for the first EEO-1 report to require this additional data from September 30, 2017 to March 31, 2018;
  • aims to simplify data collection by establishing a calendar year wage calculation period and moving the “workforce snapshot” period for purposes of counting employees to a pay period of the employer’s choice between October 1 and December 31 of the reporting year; and
  • provides guidance on reporting hours worked for exempt employees.

The updated proposed rule is subject to a 30-day comment period ending on August 15, 2016.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=509982

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