By Nick Goldstein, vice president of regulatory and legal issues, ARTBA
The Equal Opportunity Employment Commission (EEOC) is moving forward with an Obama administration requirement to increase reporting requirements for many employers, including larger contractors working on federal-aid construction projects. The Trump administration’s effort to stay the rule was defeated in federal court.
The new regulation requires all private contractors with 100 or more employees working on such projects to report data reflecting salary and number of hours worked for employees via the “EEO-1” form. The agency expects to begin collecting data for calendar years 2017 and 2018 in mid-July, according to a Federal Register Notice.
Prior to the ruling, employers were only required to report on ethnicity, race, and gender of their employees on the form.
In 2017, the Office of Management and Budget (OMB) halted the EEOC regulation. That decision was challenged by a women’s equality group, which in March prevailed in the U. S. District Court for the District of Columbia. The court said the government failed to show any “potentially disruptive consequences” from moving forward.
The government has not indicated whether it will appeal the court decision.
ARTBA has commented to the federal agencies that the new EEO-1 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 also raising security and privacy concerns, considering recent large-scale breaches of confidential data entrusted to the federal government.