A federal judge in Washington D.C. sent shockwaves through the employer community recently by reinstating a revised version of the EEO-1 report, which is now once again set to gather compensation information from employers across the country. The resurrection of the controversial revisions, which had been cast aside by the White House shortly after President Trump took over, may be challenged by an appeal and could also lead to further agency maneuverings. While we have not yet seen the final chapter of this controversy written, employers need to prepare for the possibility that their pay practices will soon be placed under a federal microscope like never before.

In fact, in addition to the newly reborn EEO-1 pay data reporting requirements, the Paycheck Fairness Act has been reactivated in the legislature.  The Paycheck Fairness Act includes two provisions related to pay data reporting: (1) it would require the EEOC to collect pay data using gender and race/ethnicity categories; and (2) it would require the US Department of Labor’s Office of Federal Contract Compliance