Under current law, employers with 100 or more employees must submit EEO-1 reports to the EEOC on an annual basis to provide data on their employees’ ethnicity, race and sex by specified job category (for example, Executive and Senior-Level Officials and Managers, Professionals, and Administrative Support Workers).

The EEOC has announced a proposal under which employers would also be required to report W-2 compensation and hours worked for all employees. The EEOC plans to use the information to uncover pay disparity based on gender, race, and ethnicity. The EEOC is now taking public comments on the proposal. If the proposal is implemented, it will become effective beginning in September of 2017.

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