By Nick Goldstein, vice president of regulatory affairs & assistant general counsel, ARTBA

Over the objections of ARTBA and industry allies, the Equal Employment Opportunity Commission (EEOC) Sept. 29 announced that it had finalized a new rule increasing reporting requirements for numerous employers, including larger contractors working on federal-aid construction projects. The first reports under the new requirement are due in March 2018.

Currently, all private contractors with 100 or more employees working on such projects must report data reflecting the ethnicity, race, and gender of their employees through the “EEO-1” form. EEOC’s new regulation requires those employers to report salary and number of hours worked for employees as well.

In multiple sets of comments to both the EEOC and the Office of Management and Budget, ARTBA raised concerns about the lack of context for these salary records. Unfortunately, the agency has chosen not to address any of these multiple flaws in the revised EEO-1 form.

Specifically, ARTBA noted that  the required reports will not include information on the employees’ seniority, education level and performance and therefor paint an inaccurate picture of the employee’s salary level. ARTBA is also wary of the new collection of proprietary salary information raising security and privacy concerns, considering recent large-scale breaches of confidential data entrusted to the federal government.

ARTBA is studying the new revisions to the EEO-1 form and exploring all legislative and legal options for moving forward. We will also be undertaking efforts in the near future to educate ARTBA members on how to comply with the new rule.

Please contact me with any questions.